CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on General Government Appropriations offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 6, lines 9 and 10,

16  remove all of said lines,

17

18  and insert in lieu thereof:

19         Section 4.  Section 14.202, Florida Statutes, is

20  amended to read:

21         14.202  Administration Commission.--There is created as

22  part of the Executive Office of the Governor an Administration

23  Commission composed of the Governor and Cabinet.  The Governor

24  is chair of the commission.  The Governor or Comptroller may

25  call a meeting of the commission promptly each time the need

26  therefor arises.  Unless otherwise provided herein,

27  affirmative action by the commission shall require the

28  approval of the Governor and at least three other members of

29  the commission. The commission shall adopt such rules pursuant

30  to ss. 120.54 and 120.536(1) to implement provisions of law

31  conferring duties upon it as it deems necessary to carry out

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  its duties and responsibilities.

 2         Section 5.  Section 17.29, Florida Statutes, is amended

 3  to read:

 4         17.29  Authority to prescribe rules.--The Comptroller

 5  has authority to adopt rules pursuant to ss. 120.54 and

 6  120.536(1) to implement duties assigned by statute or the

 7  State Constitution may prescribe any rule he or she considers

 8  necessary to properly fulfill his or her constitutional and

 9  statutory duties. Such rules may include, but are not limited

10  to, the following:

11         (1)  Procedures or policies relating to the processing

12  of payments from salaries, other personal services, or any

13  other applicable appropriation.

14         (2)  Procedures for processing interagency and

15  intraagency payments which do not require the issuance of a

16  state warrant.

17         Section 6.  Section 18.22, Florida Statutes, is amended

18  to read:

19         18.22  Rules and regulations.--The department has

20  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

21  to implement All rules and regulations necessary to effectuate

22  the provisions of this chapter may be adopted by the

23  department in accordance with the provisions of chapter 120.

24         Section 7.  Paragraph (k) of subsection (4) of section

25  20.171, Florida Statutes, is amended to read:

26         20.171  Department of Labor and Employment

27  Security.--There is created a Department of Labor and

28  Employment Security.

29         (4)

30         (k)  The commission has authority to shall, in

31  accordance with chapter 120, adopt, promulgate, amend, or

                                  2

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  rescind such rules pursuant to ss. 120.54 and 120.536(1) to

 2  implement provisions of law conferring duties upon it as it

 3  deems necessary and administratively feasible to carry out its

 4  responsibilities.

 5         Section 8.  Section 63.233, Florida Statutes, is

 6  amended to read:

 7         63.233  Rulemaking authority.--The department shall

 8  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

 9  the provisions of this chapter.

10         Section 9.  Subsection (2) of section 175.341, Florida

11  Statutes, is amended to read:

12         175.341  Duties of Division of Retirement; rulemaking

13  authority; investments by the State Board of Administration.--

14         (2)  The division has authority to shall adopt rules

15  pursuant to ss. 120.54 and 120.536(1) to implement the

16  provisions of necessary for the administration of this

17  chapter.

18         Section 10.  Paragraph (e) of subsection (2) of section

19  177.504, Florida Statutes, is amended to read:

20         177.504  Powers and duties of the department.--

21         (2)  The functions, duties, and responsibilities of the

22  department shall be:

23         (e)  To adopt rules pursuant to ss. 120.54 and

24  120.536(1) and regulations necessary to implement the

25  provisions of carry out the purpose of this act.

26         Section 11.  Subsection (2) of section 185.23, Florida

27  Statutes, is amended to read:

28         185.23  Duties of Division of Retirement; rulemaking;

29  investment by State Board of Administration.--

30         (2)  The division has authority to shall adopt rules

31  pursuant to ss. 120.54 and 120.536(1) to implement the

                                  3

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  provisions of necessary for the administration of this

 2  chapter.

 3         Section 12.  Section 198.08, Florida Statutes, is

 4  amended to read:

 5         198.08  Rules and regulations.--The department has

 6  authority to adopt may from time to time make such rules

 7  pursuant to ss. 120.54 and 120.536(1) and regulations not

 8  inconsistent with this chapter as it may deem necessary to

 9  enforce the provisions of this chapter and may adopt, as

10  rules, such rules and regulations as are or may be promulgated

11  with respect to the estate tax or generation-skipping transfer

12  tax provisions of the Revenue Act of the United States insofar

13  as they are shall be applicable hereto.  The department may

14  from time to time prescribe such forms as it shall deem proper

15  for the administration of this chapter.

16         Section 13.  Section 199.202, Florida Statutes, is

17  amended to read:

18         199.202  Administration of law; rules.--The department

19  shall administer and enforce the assessment and collection of

20  the taxes, interest, and penalties imposed by this chapter. It

21  may by rule prescribe the form and content of all returns and

22  reports. It has authority to adopt rules pursuant to ss.

23  120.54 and 120.536(1) is further authorized to promulgate all

24  other rules not inconsistent with this chapter as it deems

25  necessary to administer and enforce the provisions of this

26  chapter.

27         Section 14.  Subsection (1) of section 201.11, Florida

28  Statutes, is amended to read:

29         201.11  Administration of law by Department of

30  Revenue.--

31         (1)  The administration of this chapter shall be vested

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  in the Department of Revenue, which has authority to adopt

 2  rules pursuant to ss. 120.54 and 120.536(1) to enforce the

 3  provisions of this chapter shall prescribe suitable rules and

 4  regulations for the enforcement of the provisions thereof, and

 5  shall administer and enforce the taxes levied and imposed by

 6  this chapter.  The Department of Revenue may enter upon the

 7  premises of any taxpayer, and examine or cause to be examined

 8  by any agent or representative designated by it for that

 9  purpose, any books, papers, records, or memoranda bearing upon

10  the amount of taxes payable, and secure other information

11  directly or indirectly concerned in the enforcement of this

12  chapter.  Any person, subject to this tax, who shall by any

13  practice or evasion make it difficult to enforce the

14  provisions of this chapter by inspection, or any person, agent

15  or officer, who shall, after demand by the department or any

16  agent or representative designated by it for that purpose,

17  refuse to allow full inspection of the premises or any part

18  thereof, or any books, records, documents, or other

19  instruments in any way relating to the liability of the

20  taxpayer for the tax herein imposed, or shall hinder or in

21  anywise delay or prevent such inspection, shall be guilty of a

22  misdemeanor of the second degree, punishable as provided in s.

23  775.082 or s. 775.083.

24         Section 15.  Subsection (2) of section 207.011, Florida

25  Statutes, is amended to read:

26         207.011  Inspection of records; hearings; forms;

27  rules.--

28         (2)  The department has authority to adopt rules

29  pursuant to ss. 120.54 and 120.536(1) to enforce the

30  provisions of shall have the authority to prescribe all rules

31  necessary for the enforcement of this chapter.

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         Section 16.  Subsection (1) of section 210.10, Florida

 2  Statutes, is amended to read:

 3         210.10  General powers of the Division of Alcoholic

 4  Beverages and Tobacco.--

 5         (1)  The Division of Alcoholic Beverages and Tobacco

 6  has authority to adopt rules pursuant to ss. 120.54 and

 7  120.536(1) to implement is authorized to prescribe and

 8  promulgate all rules and regulations necessary to effectuate

 9  the provisions of this part consistent with the terms hereof.

10  All cigarette permits issued hereunder shall have printed

11  thereon a notice to the effect that such permit is issued

12  subject to the provisions of this part and such said rules and

13  regulations.  The division shall provide upon request without

14  charge to any applicant for a permit a copy of this part and

15  the rules and regulations prescribed by it pursuant hereto.

16         Section 17.  Subsection (2) of section 210.75, Florida

17  Statutes, is amended to read:

18         210.75  Administration.--

19         (2)  The division has authority to adopt rules pursuant

20  to ss. 120.54 and 120.536(1) to is authorized to prescribe and

21  promulgate rules it may deem necessary to implement and

22  enforce the provisions of this part.

23         Section 18.  Subsection (6) of section 212.17, Florida

24  Statutes, is amended to read:

25         212.17  Credits for returned goods, rentals, or

26  admissions; additional powers of department.--

27         (6)  The department has authority to adopt rules

28  pursuant to ss. 120.54 and 120.536(1) to enforce the

29  provisions of this chapter shall have the power to make,

30  prescribe and publish reasonable rules and regulations not

31  inconsistent with this chapter, or the other laws, or the

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  constitution of this state, or the United States, for the

 2  enforcement of the provisions of this chapter and the

 3  collection of revenue hereunder, and such rules and

 4  regulations shall when enforced be deemed to be reasonable and

 5  just.

 6         Section 19.  Subsection (2) of section 212.18, Florida

 7  Statutes, is amended to read:

 8         212.18  Administration of law; registration of dealers;

 9  rules.--

10         (2)  The department shall administer and enforce the

11  assessment and collection of the taxes, interest, and

12  penalties imposed by this chapter. It has authority to adopt

13  rules pursuant to ss. 120.54 and 120.536(1) to enforce the

14  provisions of is authorized to make and publish such rules and

15  regulations not inconsistent with this chapter, as it may deem

16  necessary in enforcing its provisions in order that there

17  shall not be collected on the average more than the rate

18  levied herein. The department is authorized to and it shall

19  provide by rule and regulation a method for accomplishing this

20  end. It shall prepare instructions to all persons required by

21  this chapter to collect and remit the tax to guide such

22  persons in the proper collection and remission of such tax and

23  to instruct such persons in the practices that may be

24  necessary for the purpose of enforcement of this chapter and

25  the collection of the tax imposed hereby.  The use of tokens

26  in the collection of this tax is hereby expressly forbidden

27  and prohibited.

28         Section 20.  Subsection (1) of section 213.06, Florida

29  Statutes, is amended to read:

30         213.06  Rules of department; circumstances requiring

31  emergency rules.--

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         (1)  The Department of Revenue has the is granted

 2  authority to adopt such rules pursuant to ss. 120.54 and

 3  120.536(1) as are necessary to implement provisions of carry

 4  out the intent and purposes of this chapter and all other

 5  revenue laws administered by the department, and it may amend

 6  such rules to conform to legislation or departmental policy

 7  changes made in the absence of any legislation.

 8         Section 21.  Subsection (5) of section 215.62, Florida

 9  Statutes, is amended to read:

10         215.62  Division of Bond Finance.--

11         (5)  The board has authority shall have power to adopt

12  such rules pursuant to ss. 120.54 and 120.536(1) to implement

13  provisions of law conferring duties on it and regulations as

14  may be necessary for carrying out the duties of the division.

15  The board shall hold regular and special meetings at such

16  places and times, in such manner, and after such notice as may

17  be provided by resolution adopted by the board or upon call of

18  the chair.

19         Section 22.  Paragraph (a) of subsection (2) of section

20  215.95, Florida Statutes, is amended to read:

21         215.95  Financial Management Information Board.--

22         (2)  To carry out its duties and responsibilities, the

23  board shall by majority vote:

24         (a)  Adopt such rules pursuant to ss. 120.54 and

25  120.536(1), policies, procedures, principles, and standards as

26  deemed necessary to implement the Florida Financial Management

27  Information System.

28         Section 23.  Section 217.14, Florida Statutes, is

29  amended to read:

30         217.14  Adoption of rules and regulations.--The

31  department has authority is authorized to adopt, promulgate,

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  and repeal rules pursuant to ss. 120.54 and 120.536(1) to

 2  implement the provisions of and carry out the purpose of this

 3  chapter, in compliance with chapter 120.

 4         Section 24.  Subsection (8) of section 220.182, Florida

 5  Statutes, is amended to read:

 6         220.182  Enterprise zone property tax credit.--

 7         (8)  The department has authority to adopt rules

 8  pursuant to ss. 120.54 and 120.536(1) to implement the

 9  provisions of shall promulgate any rules necessary to ensure

10  the orderly implementation and administration of this act.

11         Section 25.  Paragraphs (a) and (d) of subsection (6)

12  of section 220.183, Florida Statutes, are amended to read:

13         220.183  Community contribution tax credit.--

14         (6)  ADMINISTRATION.--

15         (a)  The Office of Tourism, Trade, and Economic

16  Development has authority to adopt rules pursuant to ss.

17  120.54 and 120.536(1) is authorized to promulgate all rules

18  necessary to implement the provisions of administer this

19  section, including rules for the approval or disapproval of

20  proposals by business firms.

21         (d)  The Department of Revenue has authority to adopt

22  rules pursuant to ss. 120.54 and 120.536(1) to implement the

23  provisions of shall promulgate any rules necessary to ensure

24  the orderly implementation and administration of this section.

25         Section 26.  Subsection (1) of section 229.053, Florida

26  Statutes, is amended to read:

27         229.053  General powers of state board.--

28         (1)  The State Board of Education is the chief

29  policymaking and coordinating body of public education in

30  Florida. It has authority to adopt rules pursuant to ss.

31  120.54 and 120.536(1) to implement the provisions of law

                                  9

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  conferring duties upon it has the general powers to determine,

 2  adopt, or prescribe such policies, rules, regulations, or

 3  standards as are required by law or as it may find necessary

 4  for the improvement of the state system of public education.

 5  Except as otherwise provided herein, it may, as it shall find

 6  appropriate, delegate its general powers to the Commissioner

 7  of Education or the directors of the divisions of the

 8  department.

 9         Section 27.  Section 229.515, Florida Statutes, is

10  amended to read:

11         229.515  Rules and standards have force of law.--The

12  Commissioner of Education has authority to adopt rules

13  pursuant to ss. 120.54 and 120.536(1) to implement the

14  provisions of may prescribe such rules and minimum standards

15  as are necessary to carry out his or her responsibilities

16  under the school code conferring duties upon the commissioner,

17  with the exception of provisions relating to state

18  universities and community colleges and the Florida School for

19  the Deaf and the Blind, and all such rules and minimum

20  standards, if not in conflict with the school code, have the

21  full force and effect of law. The commissioner, in prescribing

22  such rules, is considered an "agency" for purposes of chapter

23  120.

24         Section 28.  Subsection (2) of section 230.22, Florida

25  Statutes, is amended to read:

26         230.22  General powers of school board.--The school

27  board, after considering recommendations submitted by the

28  superintendent, shall exercise the following general powers:

29         (2)  Adopt such rules pursuant to ss. 120.54 and

30  120.536(1) to implement the provisions of law conferring

31  duties upon it and regulations to supplement those prescribed

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  by the state board and the commissioner as in its opinion will

 2  contribute to the more orderly and efficient operation of the

 3  district school system.

 4         Section 29.  Subsection (4) of section 230.32, Florida

 5  Statutes, is amended to read:

 6         230.32  General powers of superintendents.--The

 7  superintendent shall have the authority, and when necessary

 8  for the more efficient and adequate operation of the district

 9  school system, the superintendent shall exercise the following

10  powers:

11         (4)  RECOMMEND AND EXECUTE RULES AND

12  REGULATIONS.--Prepare and organize by subjects and submit to

13  the school board for adoption such rules and regulations to

14  supplement those adopted by the state board or the

15  commissioner as, in the superintendent's opinion, will

16  contribute to the efficient operation of any aspect of

17  education in the district. When rules and regulations have

18  been adopted, the superintendent shall see that they are

19  executed.

20         Section 30.  Paragraph (d) of subsection (7) of section

21  231.261, Florida Statutes, is amended to read:

22         231.261  Education Practices Commission;

23  organization.--

24         (7)  The duties and responsibilities of the commission

25  are to:

26         (d)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

27  to implement provisions of law conferring duties upon it Have

28  rulemaking authority pursuant to chapter 120.

29         Section 31.  Subsection (2) of section 235.01, Florida

30  Statutes, is amended to read:

31         235.01  Purpose; rules.--

                                  11

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         (2)  The Commissioner of Education shall adopt rules

 2  pursuant to ss. 120.54 and 120.536(1) to implement the

 3  provisions of this chapter.

 4         Section 32.  Subsection (1) and paragraph (r) of

 5  subsection (3) of section 240.209, Florida Statutes, are

 6  amended to read:

 7         240.209  Board of Regents; powers and duties.--

 8         (1)  The Board of Regents is primarily responsible for

 9  adopting systemwide rules pursuant to ss. 120.54 and

10  120.536(1) to implement provisions of law conferring duties

11  upon it and policies; planning for the future needs of the

12  State University System; planning the programmatic, financial,

13  and physical development of the system; reviewing and

14  evaluating the instructional, research, and service programs

15  at the universities; coordinating program development among

16  the universities; and monitoring the fiscal performance of the

17  universities.

18         (3)  The board shall:

19         (r)  Adopt such rules pursuant to ss. 120.54 and

20  120.536(1) to implement provisions of law conferring duties

21  upon it as are necessary to carry out its duties and

22  responsibilities.

23         Section 33.  Subsection (1) of section 240.227, Florida

24  Statutes, is amended to read:

25         240.227  University presidents; powers and duties.--The

26  president is the chief administrative officer of the

27  university and is responsible for the operation and

28  administration of the university.  Each university president

29  shall:

30         (1)  Develop and Adopt rules pursuant to ss. 120.54 and

31  120.536(1) to implement provisions of law governing the

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  operation and administration of the university.  Such rules

 2  shall be consistent with the mission of the university and

 3  statewide rules and policies and shall assist in the

 4  development of the university in a manner which will

 5  complement the missions and activities of the other

 6  universities for the overall purpose of achieving the highest

 7  quality of education for the citizens of the state.

 8         Section 34.  Subsection (2) of section 240.311, Florida

 9  Statutes, is amended to read:

10         240.311  State Board of Community Colleges; powers and

11  duties.--

12         (2)  The State Board of Community Colleges is

13  responsible for the establishing and developing of rules and

14  policies which will ensure the operation and maintenance of a

15  state community college system, as defined in s.

16  228.041(1)(b), in a coordinated, efficient, and effective

17  manner. The State Board of Community Colleges has authority to

18  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

19  provisions of law conferring duties upon it. Such rules and

20  policies shall be submitted to the State Board of Education

21  for approval.  If any rule is not disapproved by the State

22  Board of Education within 45 days of its receipt by the State

23  Board of Education, the rule shall be filed immediately with

24  the Department of State.

25         Section 35.  Subsection (2) of section 240.319, Florida

26  Statutes, as amended by section 2 of chapter 97-383, Laws of

27  Florida, is amended to read:

28         240.319  Community college district boards of trustees;

29  duties and powers.--

30         (2)  In carrying out this responsibility, The board of

31  trustees, after considering recommendations submitted by the

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  community college president, has authority to adopt rules

 2  pursuant to ss. 120.54 and 120.536(1) to implement the

 3  provisions of law conferring duties upon it shall be

 4  authorized to adopt such rules, procedures, and policies as

 5  are necessary to operate the community college in such a

 6  manner as to assure the fulfillment of the responsibilities

 7  assigned to the board of trustees.  These rules, procedures,

 8  and policies may supplement those prescribed by the State

 9  Board of Education and the State Board of Community Colleges

10  if they will contribute to the more orderly and efficient

11  operation of the state community college system.

12         Section 36.  Subsection (3) of section 242.331, Florida

13  Statutes, is amended to read:

14         242.331  Florida School for the Deaf and the Blind;

15  board of trustees.--

16         (3)  The board of trustees has authority to adopt rules

17  pursuant to ss. 120.54 and 120.536(1) to implement provisions

18  of law relating to operation of is authorized to adopt such

19  rules as are necessary to operate the Florida School for the

20  Deaf and the Blind. Such rules shall be submitted to the State

21  Board of Education for approval or disapproval. If any rule is

22  not disapproved by the State Board of Education within 60 days

23  of its receipt by the State Board of Education, the rule shall

24  be filed immediately with the Department of State. The board

25  of trustees shall act at all times in conjunction with the

26  rules of the State Board of Education.

27         Section 37.  Paragraph (e) of subsection (1) of section

28  246.041, Florida Statutes, is amended to read:

29         246.041  Powers and duties of board.--

30         (1)  The board shall:

31         (e)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  to implement provisions of law conferring duties upon it

 2  necessary to carry out its functions.

 3         Section 38.  Section 246.051, Florida Statutes, is

 4  amended to read:

 5         246.051  Administration by board.--The provisions of

 6  ss. 246.011-246.151 shall be administered by the board which

 7  in connection therewith has the power:

 8         (1)  To adopt such rules pursuant to ss. 120.54 and

 9  120.536(1) to implement as it may find necessary to carry out

10  the objectives, purposes, and directives of ss.

11  246.011-246.151;

12         (2)  To execute such standards and rules and

13  regulations as shall be adopted for the operation and

14  establishment of nonpublic colleges; and

15         (3)  To expend funds as necessary to assist in the

16  enforcement of ss. 246.011-246.151.

17         Section 39.  Section 246.071, Florida Statutes, is

18  amended to read:

19         246.071  Rules of State Board of Independent Colleges

20  and Universities.--The State Board of Independent Colleges and

21  Universities has authority is authorized to adopt such rules

22  pursuant to ss. 120.54 and 120.536(1) to implement as are

23  necessary to carry out the objectives, purposes, and

24  directives of ss. 246.011-246.151.  Such rules shall be

25  submitted to the State Board of Education for approval or

26  disapproval.  If any rule is not disapproved by the State

27  Board of Education within 60 days after its receipt by the

28  State Board of Education, the rule shall be filed immediately

29  with the Department of State.

30         Section 40.  Paragraph (e) of subsection (1) of section

31  246.207, Florida Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         246.207  Powers and duties of board.--

 2         (1)  The board shall:

 3         (e)  Prescribe and recommend to the State Board of

 4  Education rules to implement as are required by ss.

 5  246.201-246.231 or as it may find necessary to aid in carrying

 6  out the objectives and purposes of ss. 246.201-246.231.

 7         Section 41.  Subsection (1) of section 246.213, Florida

 8  Statutes, is amended to read:

 9         246.213  Power of State Board of Education.--

10         (1)  The State Board of Education, acting on the

11  recommendation of the State Board of Independent Postsecondary

12  Vocational, Technical, Trade, and Business Schools, shall

13  adopt such minimum standards for schools and other rules

14  pursuant to ss. 120.54 and 120.536(1) to implement as are

15  required for the administration of ss. 246.201-246.231.

16         Section 42.  Paragraph (a) of subsection (7) of section

17  253.03, Florida Statutes, is amended to read:

18         253.03  Board of trustees to administer state lands;

19  lands enumerated.--

20         (7)(a)  The Board of Trustees of the Internal

21  Improvement Trust Fund is hereby authorized and directed to

22  administer all state-owned lands and shall be responsible for

23  the creation of an overall and comprehensive plan of

24  development concerning the acquisition, management, and

25  disposition of state-owned lands so as to ensure maximum

26  benefit and use.  The Board of Trustees of the Internal

27  Improvement Trust Fund has authority to shall adopt rules

28  pursuant to ss. 120.54 and 120.536(1) to implement the

29  provisions of and regulations necessary to carry out the

30  purposes of this act as set forth in this section.

31         Section 43.  Section 253.73, Florida Statutes, is

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  amended to read:

 2         253.73  Rules and regulations; ss.

 3  253.67-253.75.--Subject to the requirements of chapter 120,

 4  The board has authority to may adopt rules pursuant to ss.

 5  120.54 and 120.536(1) to administer and regulations necessary

 6  and appropriate to carry out the provisions of ss.

 7  253.67-253.75.

 8         Section 44.  Section 257.14, Florida Statutes, is

 9  amended to read:

10         257.14  Division of Library and Information Services;

11  rules.--The Division of Library and Information Services has

12  authority to may adopt rules pursuant to ss. 120.54 and

13  120.536(1) to implement carry out the provisions of this

14  chapter.

15         Section 45.  Subsection (2) of section 258.007, Florida

16  Statutes, is amended to read:

17         258.007  Powers of division.--

18         (2)  The division has authority to adopt rules pursuant

19  to ss. 120.54 and 120.536(1) to implement provisions of law

20  conferring duties on it shall make and publish such rules and

21  regulations as it may deem necessary or proper for the

22  management and use of the parks, monuments, and memorials

23  under its jurisdiction, and the violation of any rule of the

24  rules and regulations authorized by this section shall be a

25  misdemeanor and punishable accordingly.

26         Section 46.  Section 258.011, Florida Statutes, is

27  repealed.

28         Section 47.  Section 258.43, Florida Statutes, is

29  amended to read:

30         258.43  Rules and regulations.--

31         (1)  The Board of Trustees of the Internal Improvement

                                  17

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  Trust Fund has authority to adopt rules pursuant to ss. 120.54

 2  and 120.536(1) to implement shall adopt and enforce reasonable

 3  rules and regulations to carry out the provisions of this act

 4  and specifically to provide regulation of human activity

 5  within the preserve in such a manner as not to unreasonably

 6  interfere with lawful and traditional public uses of the

 7  preserve, such as sport and commercial fishing, boating, and

 8  swimming.

 9         (2)  Other uses of the preserve, or human activity

10  within the preserve, although not originally contemplated, may

11  be permitted by the trustees, but only subsequent to a formal

12  finding of compatibility with the purposes of this act.

13         (3)  The Board of Trustees of the Internal Improvement

14  Trust Fund may delegate to a local government, by agreement,

15  the power and duty to administer and enforce the standards and

16  criteria established in a resource inventory and management

17  plan adopted by the board, if the board determines that such a

18  delegation is in the public interest.

19         (a)  Such delegation shall be made only if the board

20  determines that the local government's program for

21  administering and enforcing the adopted standards and

22  criteria:

23         1.  Adopts, by ordinance, standards and criteria no

24  less restrictive than those in the management plan approved by

25  the board pursuant to the provisions of rule 18-20.013(2),

26  Florida Administrative Code; provided, however nothing

27  contained in this subsection shall expand the powers,

28  jurisdiction, or authority granted pursuant to this chapter.

29  When a local government's program proposes to include

30  standards and criteria that are more restrictive than those in

31  the management plan approved by the board, such standards and

                                  18

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  criteria shall not be effective until they have been approved

 2  by the board as being consistent with the provisions of this

 3  chapter.

 4         2.  Provides for the enforcement of such requirements

 5  by appropriate administrative and judicial processes.

 6         3.  Provides for administrative organization, staff,

 7  and financial and other resources necessary to effectively and

 8  efficiently enforce such requirements.

 9         4.  Provides for improved management and enforcement of

10  the standards and criteria in the resource inventory and

11  management plans and of the rules adopted by the board

12  pertaining to state-owned lands.

13         (b)  Such delegation may not include the authority to

14  grant approval for the sale, lease, easement, or other uses of

15  state-owned sovereignty lands that require approval by the

16  board as provided by the board's rules on October 1, 1989.

17  This provision shall not preclude agreements between the board

18  and local governments that may provide that the local

19  government shall process applications and present

20  recommendations for final action to the board.

21         (c)  The board shall give prior notice of its intention

22  to enter into an agreement as described in this subsection, as

23  provided by s. 253.115. The Division of State Lands of the

24  Department of Environmental Protection shall update its rules

25  annually to include a list of the management agreements

26  adopted pursuant to this subsection. The list shall identify

27  the parties to, and the date and location of, each agreement,

28  and shall specify the nature of the authority delegated by the

29  agreement.

30         (d)  The board may designate the local government as

31  its enforcement arm for purposes of s. 258.46, and the local

                                  19

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  government shall have the authority to directly enforce the

 2  provisions of that section or to rely on the enforcement

 3  provisions of the local ordinance implementing the management

 4  plan.  The governing body of the local government shall seek

 5  approval from the Division of State Lands before seeking the

 6  elevated penalties associated with direct enforcement of s.

 7  258.46 in lieu of penalties associated with violation of its

 8  ordinance. Nothing in this subsection shall affect the

 9  authority of the division to enforce the provisions of this

10  act.

11         (e)  Each year on the anniversary of any delegation

12  pursuant to this subsection, the staff of the department shall

13  present to the board an evaluation of decisions made by the

14  local governments during the previous year.  The board shall,

15  upon reviewing this evaluation, either act to renew the

16  delegation, act to retract the delegation, or act to renew the

17  delegation with specific directives to the local government to

18  take corrective action concerning any deficiencies in its

19  processing or application of the standards and criteria in the

20  rules approved by the board or a management plan adopted for

21  the preserves.

22         (f)  Nothing contained in this subsection shall affect

23  the powers, duties, or procedures set forth in chapter 403.

24         Section 48.  Subsection (1) of section 259.035, Florida

25  Statutes, is amended to read:

26         259.035  Advisory council; powers and duties.--

27         (1)  There is created a Land Acquisition and Management

28  Advisory Council to be composed of the secretary and a

29  designee of the department, the director of the Division of

30  Forestry of the Department of Agriculture and Consumer

31  Services, the executive director of the Game and Fresh Water

                                  20

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  Fish Commission, the director of the Division of Historical

 2  Resources of the Department of State, and the secretary of the

 3  Department of Community Affairs, or their respective

 4  designees. The chairmanship of the council shall rotate

 5  annually in the foregoing order. The council shall hold

 6  periodic meetings at the request of the chair. The department

 7  shall provide primary staff support to the council and shall

 8  ensure that council meetings are electronically recorded. Such

 9  recordings shall be preserved pursuant to chapters 119 and

10  257. The department has authority to may adopt rules pursuant

11  to ss. 120.54 and 120.536(1) to implement the provisions of

12  any rule or form necessary to implement this section.

13         Section 49.  Subsection (2) of section 259.041, Florida

14  Statutes, is amended to read:

15         259.041  Acquisition of state-owned lands for

16  preservation, conservation, and recreation purposes.--

17         (2)  The board of trustees has authority to shall adopt

18  and may modify or repeal such rules pursuant to ss. 120.54 and

19  120.536(1) as are necessary to implement the provisions carry

20  out the purposes of this section, including rules governing

21  the terms and conditions of land purchases. Such rules shall

22  address with specificity, but not be limited to:

23         (a)  The procedures to be followed in the acquisition

24  process, including selection of appraisers, surveyors, title

25  agents and closing agents, and the content of appraisal

26  reports.

27         (b)  The determination of the value of parcels which

28  the state has an interest to acquire.

29         (c)  Special requirements when multiple landowners are

30  involved in an acquisition.

31         (d)  Requirements for obtaining written option

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  agreements so that the interests of the state are fully

 2  protected.

 3         Section 50.  Paragraph (d) of subsection (5) of section

 4  265.284, Florida Statutes, is amended to read:

 5         265.284  Chief cultural officer; director of division;

 6  powers and duties.--

 7         (5)  The division is further authorized to:

 8         (d)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

 9  to implement provisions of law conferring duties on it

10  Promulgate such rules as are necessary to carry out its

11  duties.

12         Section 51.  Subsection (1) of section 265.605, Florida

13  Statutes, is amended to read:

14         265.605  Cultural Endowment Program; rulemaking.--

15         (1)  The department shall adopt any rules pursuant to

16  ss. 120.54 and 120.536(1) necessary to implement the

17  provisions of this act.

18         Section 52.  Subsection (1) of section 267.031, Florida

19  Statutes, is amended to read:

20         267.031  Division of Historical Resources.--

21         (1)  The division has authority to shall adopt such

22  rules pursuant to ss. 120.54 and 120.536(1) as deemed

23  necessary to implement provisions of carry out its duties and

24  responsibilities under this chapter conferring duties upon it.

25         Section 53.  Section 280.19, Florida Statutes, is

26  amended to read:

27         280.19  Rules.--The Treasurer shall adopt such rules

28  pursuant to ss. 120.54 and 120.536(1) and prescribe such forms

29  as may be necessary to administer the provisions accomplish

30  the purposes of this chapter.

31         Section 54.  Section 284.17, Florida Statutes, is

                                  22

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  amended to read:

 2         284.17  Rules and regulations.--The Department of

 3  Insurance has authority to adopt rules pursuant to ss. 120.54

 4  and 120.536(1) to implement the provisions of shall promulgate

 5  such reasonable rules and regulations as are necessary to aid

 6  in the implementation of this chapter.

 7         Section 55.  Subsection (1) of section 288.709, Florida

 8  Statutes, is amended to read:

 9         288.709  Powers of the Florida Black Business

10  Investment Board.--The board shall have all the powers

11  necessary or convenient to carry out and effectuate the

12  purposes and provisions of ss. 9-21, chapter 85-104, Laws of

13  Florida, including, but not limited to, the power to:

14         (1)  Adopt bylaws for the regulation of its affairs and

15  the conduct of its business and adopt rules pursuant to ss.

16  120.54 and 120.536(1) to implement the provisions of law

17  conferring duties upon it rules pursuant to chapter 120.

18  However, any proposed rules affecting the operation or

19  administration or financial well-being of any of the black

20  business investment corporations must first be approved by a

21  majority of the black business investment corporations.

22         Section 56.  Subsection (3) of section 292.05, Florida

23  Statutes, is amended to read:

24         292.05  Duties of Department of Veterans' Affairs.--

25         (3)  The department has authority to may adopt, amend,

26  or rescind such rules pursuant to ss. 120.54 and 120.536(1) to

27  implement the provisions of as it deems necessary to carry out

28  this chapter.

29         Section 57.  Paragraph (c) of subsection (1) of section

30  310.151, Florida Statutes, is amended to read:

31         310.151  Rates of pilotage; Pilotage Rate Review

                                  23

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  Board.--

 2         (1)

 3         (c)  The board has authority to adopt rules pursuant to

 4  ss. 120.54 and 120.536(1) to implement provisions of is

 5  authorized to adopt such rules as are consistent with law and

 6  necessary to carry out the duties and authority conferred on

 7  it by this section conferring duties upon it. The department

 8  shall provide the staff required by the board to carry out its

 9  duties under this section.

10         Section 58.  Subsection (1) of section 310.185, Florida

11  Statutes, is amended to read:

12         310.185  Rulemaking.--

13         (1)  The board has authority to adopt rules pursuant to

14  ss. 120.54 and 120.536(1) to implement shall have the power to

15  adopt rules necessary to the provisions of this chapter.

16         Section 59.  Subsection (1) of section 319.17, Florida

17  Statutes, is amended to read:

18         319.17  Rules; forms; indexes and records.--

19         (1)  The department has authority to may adopt such

20  rules pursuant to ss. 120.54 and 120.536(1) to implement the

21  provisions of as it deems necessary or proper for the

22  administration of this chapter, including rules that allow

23  alternative methods of proof of satisfaction of liens.

24         Section 60.  Section 320.011, Florida Statutes, is

25  amended to read:

26         320.011  Administration and enforcement; rules.--The

27  department shall administer and enforce the provisions of this

28  chapter and has authority to may adopt such rules pursuant to

29  ss. 120.54 and 120.536(1) to implement them as it deems

30  necessary or proper for the administration hereof.

31         Section 61.  Section 320.69, Florida Statutes, is

                                  24

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  amended to read:

 2         320.69  Rules and regulations.--The department has

 3  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

 4  to implement the provisions of may make such rules and

 5  regulations as it shall deem necessary or proper for the

 6  effective administration and enforcement of this law.

 7         Section 62.  Section 320.824, Florida Statutes, is

 8  amended to read:

 9         320.824  Rules and regulations, Changes and

10  modifications of standards.--

11         (1)  The department may make such rules and regulations

12  as it shall deem necessary or proper for the effective

13  administration and enforcement of ss. 320.822-320.90 and may

14  adopt by rule and promulgate any changes in, or additions to,

15  the standards adopted in s. 320.823 or s. 320.8231, which are

16  approved and officially published by the institute or

17  promulgated by the Department of Housing and Urban Development

18  subsequent to the effective date of this act.

19         (2)  The department or its authorized agent may enter

20  any place or establishment where mobile homes are

21  manufactured, sold, or offered for sale, for the purpose of

22  ascertaining whether the requirements of the code and the

23  rules regulations adopted by the department have been met.

24         Section 63.  Section 324.042, Florida Statutes, is

25  amended to read:

26         324.042  Administration.--The department shall

27  administer and enforce the provisions of this chapter, and has

28  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

29  to implement them the department may make such rules as may be

30  necessary for its administration.

31         Section 64.  Subsection (2) of section 326.003, Florida

                                  25

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  Statutes, is amended to read:

 2         326.003  Administration.--The division shall:

 3         (2)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

 4  to implement administer ss. 326.001-326.006 and to classify

 5  brokers and salespersons and regulate their activities.

 6         Section 65.  Section 327.04, Florida Statutes, is

 7  amended to read:

 8         327.04  Rules and regulations.--

 9         (1)  The department has authority to may adopt rules

10  pursuant to ss. 120.54 and 120.536(1), other than rules

11  pertaining to vessel registration or titling, to implement the

12  provisions of which are necessary for carrying out the

13  administrative powers and duties conferred on the department

14  by this chapter conferring powers or duties upon it.

15         (2)  The Department of Highway Safety and Motor

16  Vehicles has authority to may adopt rules pursuant to ss.

17  120.54 and 120.536(1) which pertain pertaining to vessel

18  registration and titling to implement the provisions of

19  necessary for carrying out the administrative duties,

20  obligations, and powers conferred on that department by this

21  chapter and chapter 328 conferring duties upon it.

22         Section 66.  Section 330.29, Florida Statutes, is

23  amended to read:

24         330.29  Administration and enforcement; rules;

25  standards for airport sites and airports.--It is the duty of

26  the department to:

27         (1)  Administer and enforce the provisions of this

28  chapter.;

29         (2)  Establish minimum standards for airport sites and

30  airports under its licensing jurisdiction.; and

31         (3)  Adopt such rules pursuant to ss. 120.54 and

                                  26

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  120.536(1) as it deems necessary to implement administer and

 2  enforce the provisions of this chapter.

 3         Section 67.  Subsection (2) of section 334.044, Florida

 4  Statutes, is amended to read:

 5         334.044  Department; powers and duties.--The department

 6  shall have the following general powers and duties:

 7         (2)  To adopt rules pursuant to ss. 120.54 and

 8  120.536(1) to implement the provisions of law conferring

 9  duties upon it, procedures, and standards for the conduct of

10  its business operations and the implementation of any

11  provision of law for which the department is responsible.

12         Section 68.  Paragraph (c) of subsection (10) of

13  section 339.175, Florida Statutes, is amended to read:

14         339.175  Metropolitan planning organization.--It is the

15  intent of the Legislature to encourage and promote the

16  development of transportation systems embracing various modes

17  of transportation in a manner that will maximize the mobility

18  of people and goods within and through urbanized areas of this

19  state and minimize, to the maximum extent feasible, and

20  together with applicable regulatory government agencies,

21  transportation-related fuel consumption and air pollution.  To

22  accomplish these objectives, metropolitan planning

23  organizations, referred to in this section as M.P.O.'s, shall

24  develop, in cooperation with the state, transportation plans

25  and programs for metropolitan areas. Such plans and programs

26  must provide for the development of transportation facilities

27  that will function as an intermodal transportation system for

28  the metropolitan area.  The process for developing such plans

29  and programs shall be continuing, cooperative, and

30  comprehensive, to the degree appropriate, based on the

31  complexity of the transportation problems.

                                  27

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

 2  COUNCIL.--

 3         (c)  The powers and duties of the Metropolitan Planning

 4  Organization Advisory Council are to:

 5         1.  Enter into contracts with individuals, private

 6  corporations, and public agencies.

 7         2.  Acquire, own, operate, maintain, sell, or lease

 8  personal property essential for the conduct of business.

 9         3.  Accept funds, grants, assistance, gifts, or

10  bequests from private, local, state, or federal sources.

11         4.  Establish bylaws and adopt rules pursuant to ss.

12  120.54 and 120.536(1) to implement provisions of law

13  conferring powers or duties upon it make rules to effectuate

14  its powers, responsibilities, and obligations.

15         5.  Assist M.P.O.'s in carrying out the urbanized area

16  transportation planning process by serving as the principal

17  forum for collective policy discussion pursuant to law.

18         6.  Serve as a clearinghouse for review and comment by

19  M.P.O.'s on the Florida Transportation Plan and on other

20  issues required to comply with federal or state law in

21  carrying out the urbanized area transportation and systematic

22  planning processes instituted pursuant to s. 339.155.

23         7.  Employ an executive director and such other staff

24  as necessary to perform adequately the functions of the

25  council, within budgetary limitations. The executive director

26  and staff are exempt from part II of chapter 110 and serve at

27  the direction and control of the council.  The council is

28  assigned to the Office of the Secretary of the Department of

29  Transportation or for fiscal and accountability purposes, but

30  it shall otherwise function independently of the control and

31  direction of the department.

                                  28

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         8.  Adopt an agency strategic plan that provides the

 2  priority directions the agency will take to carry out its

 3  mission within the context of the state comprehensive plan and

 4  any other statutory mandates and directions given to the

 5  agency.

 6         Section 69.  Subsection (2) of section 350.127, Florida

 7  Statutes, is amended to read:

 8         350.127  Penalties; rules; execution of contracts.--

 9         (2)  The commission is authorized to adopt, by

10  affirmative vote of a majority of the commission, rules

11  pursuant to ss. 120.54 and 120.536(1) to implement provisions

12  of law conferring duties upon it reasonably necessary to

13  implement any law which it administers.

14         Section 70.  Subsection (1) of section 366.05, Florida

15  Statutes, is amended to read:

16         366.05  Powers.--

17         (1)  In the exercise of such jurisdiction, the

18  commission shall have power to prescribe fair and reasonable

19  rates and charges, classifications, standards of quality and

20  measurements, and service rules and regulations to be observed

21  by each public utility; to require repairs, improvements,

22  additions, and extensions to the plant and equipment of any

23  public utility when reasonably necessary to promote the

24  convenience and welfare of the public and secure adequate

25  service or facilities for those reasonably entitled thereto;

26  to employ and fix the compensation for such examiners and

27  technical, legal, and clerical employees as it deems necessary

28  to carry out the provisions of this chapter; and to adopt

29  rules pursuant to ss. 120.54 and 120.536(1) to implement and

30  enforce the provisions of prescribe all rules and regulations

31  reasonably necessary and appropriate for the administration

                                  29

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  and enforcement of this chapter.

 2         Section 71.  Subsection (1) of section 367.121, Florida

 3  Statutes, is amended to read:

 4         367.121  Powers of commission.--

 5         (1)  In the exercise of its jurisdiction, the

 6  commission shall have power:

 7         (a)  To prescribe fair and reasonable rates and

 8  charges, classifications, standards of quality and

 9  measurements, and to prescribe service rules to be observed by

10  each utility, except to the extent such authority is expressly

11  given to another state agency.;

12         (b)  To prescribe, by rule, a uniform system and

13  classification of accounts for all utilities, which rules,

14  among other things, shall establish adequate, fair, and

15  reasonable depreciation rates and charges.;

16         (c)  To require such regular or emergency reports from

17  a utility, including, but not limited to, financial reports,

18  as the commission deems necessary and, if the commission finds

19  a financial report to be incomplete, incorrect, or

20  inconsistent with the uniform system and classification of

21  accounts, to require a new report or a supplemental report,

22  either of which the commission may require to be certified by

23  an independent certified public accountant licensed under

24  chapter 473.;

25         (d)  To require repairs, improvements, additions, and

26  extensions to any facility, or to require the construction of

27  a new facility, if reasonably necessary to provide adequate

28  and proper service to any person entitled to service or if

29  reasonably necessary to provide any prescribed quality of

30  service, except that no utility shall be required to extend

31  its service outside the geographic area described in its

                                  30

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  certificate of authorization, or make additions to its plant

 2  or equipment to serve outside such area, unless the commission

 3  first finds that the utility is financially able to make such

 4  additional investment without impairing its capacity to serve

 5  its existing customers.;

 6         (e)  To employ and fix the compensation for such

 7  examiners and technical, legal, and clerical employees as it

 8  deems necessary to carry out the provisions of this chapter.;

 9         (f)  To adopt, by affirmative vote of a majority of the

10  commission, rules pursuant to ss. 120.54 and 120.536(1) to

11  implement and enforce the provisions of reasonably necessary

12  and appropriate for the administration and enforcement of this

13  chapter.;

14         (g)  To exercise all judicial powers, issue all writs,

15  and do all things necessary or convenient to the full and

16  complete exercise of its jurisdiction and the enforcement of

17  its orders and requirements.;

18         (h)  To order interconnections of service or facilities

19  between utilities, and to approve any plant capacity charges

20  or wholesale service charges or rates related thereto,

21  provided the commission first finds that the utility is

22  financially able to make such additional investment as is

23  required without impairing its capacity to serve its existing

24  customers.;

25         (i)  To require the filing of reports and other data by

26  a public utility or its affiliated companies, including its

27  parent company, regarding transactions or allocations of

28  common costs, among the utility and such affiliated companies.

29  The commission may also require such reports or other data

30  necessary to ensure that a utility's ratepayers do not

31  subsidize nonutility activities.;

                                  31

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         (j)  To seek relief in circuit court including

 2  temporary and permanent injunctions, restraining orders, or

 3  any other appropriate order, because the Legislature finds

 4  that violations of commission orders or rules, in connection

 5  with the impairment of a utility's operations or service,

 6  constitute irreparable harm for which there is no adequate

 7  remedy at law.  Such remedies shall be in addition to and

 8  supplementary to any other remedies available for enforcement

 9  of agency action under s. 120.69 or the provisions of this

10  chapter. The commission shall establish procedures

11  implementing this section by rule.; and

12         (k)  To assess a utility for reasonable travel costs

13  associated with reviewing the records of the utility and its

14  affiliates when such records are kept out of state.  The

15  utility may bring the records back into the state for review.

16         Section 72.  Section 368.05, Florida Statutes, is

17  amended to read:

18         368.05  Commission jurisdiction, rules and

19  regulations.--

20         (1)  In addition to its existing functions, the Florida

21  Public Service Commission shall have jurisdiction over all

22  persons, corporations, partnerships, associations, public

23  agencies, municipalities, or other legal entities engaged in

24  the operation of gas transmission or distribution facilities

25  with respect to their compliance with the rules and

26  regulations governing safety standards established by the

27  commission pursuant to this law.  The jurisdiction conferred

28  upon the commission hereby shall be exclusive of and superior

29  to that of all other boards, agencies, political subdivisions,

30  municipalities, towns, villages, or counties; and in case of

31  conflict therewith all lawful safety acts, orders, and rules,

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  and regulations of the commission shall in each instance

 2  prevail.

 3         (2)  The commission shall have the power to perform any

 4  and all acts, and to prescribe, issue, make, amend, and

 5  rescind such orders, rules, and regulations not inconsistent

 6  herewith as it may find necessary or appropriate to the

 7  exercise of the authority granted under the provisions of this

 8  law. The commission has authority to adopt rules pursuant to

 9  ss. 120.54 and 120.536(1) to implement provisions of law

10  conferring duties upon it. The commission may require the

11  filing of periodic reports and all other data reasonably

12  necessary to determine whether the safety standards prescribed

13  by it are being complied with; may require repairs and

14  improvements to the gas transmission and distribution piping

15  systems subject to this law which are reasonably necessary to

16  promote the protection of the public; and may exercise all

17  judicial powers, issue all writs, and do all things necessary

18  or convenient to the full and complete exercise of its

19  jurisdiction and the enforcement of its safety orders and

20  rules and regulations adopted pursuant to this law.

21         (3)  The jurisdiction conferred upon the commission by

22  this part does not extend to the distribution of gas beyond

23  the last meter prior to consumption.

24         Section 73.  Subsection (6) of section 369.20, Florida

25  Statutes, is amended to read:

26         369.20  Florida Aquatic Weed Control Act.--

27         (6)  The department shall adopt rules pursuant to ss.

28  120.54 and 120.536(1) to implement provisions of this section

29  conferring powers or duties upon it, amend, or repeal all

30  rules as necessary to carry out the duties, obligations, and

31  powers set forth in this section and perform any other acts

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  necessary for the proper administration, enforcement, or

 2  interpretation of this section, including creating general

 3  permits and exemptions and adopting rules and forms governing

 4  reports.

 5         Section 74.  Subsection (11) of section 369.22, Florida

 6  Statutes, is amended to read:

 7         369.22  Nonindigenous aquatic plant control.--

 8         (11)  The department shall adopt rules pursuant to ss.

 9  120.54 and 120.536(1) to implement the provisions of, amend,

10  or repeal all rules as necessary to carry out the duties,

11  obligations, and powers set forth in this section conferring

12  powers or duties upon it and perform any other acts necessary

13  for the proper administration, enforcement, or interpretation

14  of this section, including adopting rules and forms governing

15  reports.

16         Section 75.  Subsection (3) of section 369.251, Florida

17  Statutes, is amended to read:

18         369.251  Invasive nonnative plants; prohibitions;

19  study; removal; rules.--

20         (3)  The department has authority to shall adopt rules

21  pursuant to ss. 120.54 and 120.536(1) to implement the

22  provisions of necessary to implement this section. Possession

23  or transportation resulting from natural dispersion, mulching

24  operations, control and disposal, or use in herbaria or other

25  educational or research institutions, or for other reasons

26  determined by the department to be consistent with this

27  section and where there is neither the danger of, nor intent

28  to, further disperse any plant species prohibited by this

29  section, is not subject to the permit or penalty provisions of

30  this section.

31         Section 76.  Subsection (1) of section 370.021, Florida

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  Statutes, is amended to read:

 2         370.021  Administration; rules, publications, records;

 3  penalty for violation of chapter; injunctions.--

 4         (1)  RULES AND REGULATIONS.--The Department of

 5  Environmental Protection has authority to adopt rules pursuant

 6  to ss. 120.54 and 120.536(1) to implement provisions of law

 7  conferring powers or duties upon it shall make, adopt,

 8  promulgate, amend, and repeal all rules and regulations

 9  necessary or convenient for the carrying out of the duties,

10  obligations, powers, and responsibilities conferred on the

11  department or any of its divisions. The director of each

12  division shall submit to the department suggested rules and

13  regulations for that division. Any person violating or

14  otherwise failing to comply with any of the rules and

15  regulations adopted as aforesaid is guilty of a misdemeanor of

16  the second degree, punishable as provided in s. 775.082 or s.

17  775.083, unless otherwise provided by law.

18         Section 77.  Subsection (5) of section 370.092, Florida

19  Statutes, is amended to read:

20         370.092  Carriage of proscribed nets across Florida

21  waters.--

22         (5)  The department has authority to adopt rules

23  pursuant to ss. 120.54 and 120.536(1) to implement the

24  provisions of is authorized to make and adopt reasonable

25  rules, regulations, and orders, including emergency rules, to

26  implement this section.  The department shall adopt emergency

27  rules to implement the provisions of subparagraph (4)(c)1. by

28  August 1, 1996.

29         Section 78.  Subsection (1) of section 370.15, Florida

30  Statutes, is amended to read:

31         370.15  Shrimp; regulation.--

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         (1)  GENERAL AUTHORITY; CONSERVATION.--The department

 2  has authority to adopt rules pursuant to ss. 120.54 and

 3  120.536(1) to implement the provisions of this section. The

 4  department shall encourage is authorized and directed to

 5  adopt, promulgate, and enforce rules and regulations

 6  consistent with the provisions of this section and the general

 7  policy of encouraging the production of the maximum sustained

 8  yield consistent with the preservation and protection of

 9  breeding stock, taking into consideration the recommendations

10  of the various marine laboratories, as well as those of

11  interested and experienced groups of private citizens. Such

12  Rules shall and regulations are to control the method, manner,

13  and equipment used in the taking of shrimp or prawn, as well

14  as limiting and defining the areas where taken.

15         Section 79.  Section 373.043, Florida Statutes, is

16  amended to read:

17         373.043  Adoption and enforcement of rules regulations

18  by the department.--The department has authority to adopt

19  rules pursuant to ss. 120.54 and 120.536(1) shall adopt,

20  promulgate, and enforce such regulations and review procedures

21  as may be necessary or convenient to implement administer the

22  provisions of this chapter.

23         Section 80.  Section 373.044, Florida Statutes, is

24  amended to read:

25         373.044  Rules and regulations; enforcement;

26  availability of personnel rules.--In administering this

27  chapter, The governing board of the district is authorized to

28  make and adopt rules pursuant to ss. 120.54 and 120.536(1) to

29  implement the provisions of this chapter. reasonable rules,

30  regulations, and orders which are consistent with law; and

31  such Rules, regulations, and orders may be enforced by

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  mandatory injunction or other appropriate action in the courts

 2  of the state. Rules relating to personnel matters shall be

 3  made available to the public and affected persons at no more

 4  than cost but need not be published in the Florida

 5  Administrative Code or the Florida Administrative Weekly.

 6         Section 81.  Section 373.113, Florida Statutes, is

 7  amended to read:

 8         373.113  Adoption of rules regulations by the governing

 9  board.--In administering the provisions of this chapter the

10  governing board has authority to adopt rules pursuant to ss.

11  120.54 and 120.536(1) to implement provisions of law

12  conferring powers or duties upon it shall adopt, promulgate,

13  and enforce such regulations as may be reasonably necessary to

14  effectuate its powers, duties, and functions pursuant to the

15  provisions of chapter 120.

16         Section 82.  Section 373.171, Florida Statutes, is

17  amended to read:

18         373.171  Rules and regulations.--

19         (1)  In order to obtain the most beneficial use of the

20  water resources of the state and to protect the public health,

21  safety, and welfare and the interests of the water users

22  affected, governing boards, by action not inconsistent with

23  the other provisions of this law and without impairing

24  property rights, may:

25         (a)  Adopt Establish rules, regulations, or issue

26  orders affecting the use of water, as conditions warrant, and

27  forbidding the construction of new diversion facilities or

28  wells, the initiation of new water uses, or the modification

29  of any existing uses, diversion facilities, or storage

30  facilities within the affected area.

31         (b)  Regulate the use of water within the affected area

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  by apportioning, limiting, or rotating uses of water or by

 2  preventing those uses which the governing board finds have

 3  ceased to be reasonable or beneficial.

 4         (c)  Issue orders and adopt rules pursuant to ss.

 5  120.54 and 120.536(1) to implement the provisions of this

 6  chapter Make other rules, regulations, and orders necessary

 7  for the preservation of the interests of the public and of

 8  affected water users.

 9         (2)  In adopting promulgating rules and regulations and

10  issuing orders under this law, the governing board shall act

11  with a view to full protection of the existing rights to water

12  in this state insofar as is consistent with the purpose of

13  this law.

14         (3)  No rule, regulation or order shall require any

15  modification of existing use or disposition of water in the

16  district unless it is shown that the use or disposition

17  proposed to be modified is detrimental to other water users or

18  to the water resources of the state.

19         (4)  All rules and regulations adopted by the governing

20  board shall be filed with the Department of State as provided

21  in chapter 120. An information copy will be filed with the

22  Department of Environmental Protection.

23         Section 83.  Section 373.337, Florida Statutes, is

24  amended to read:

25         373.337  Rules.--The department shall, by July 1, 1989,

26  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

27  the provisions of this part, providing each water management

28  district and representatives of the water well contracting

29  industry with meaningful opportunity to participate in the

30  development of the rules as they are drafted. The rules shall

31  be adopted by each water management district.

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         Section 84.  Subsection (3) of section 373.418, Florida

 2  Statutes, is amended to read:

 3         373.418  Rulemaking; preservation of existing

 4  authority.--

 5         (3)  The department or governing boards have authority

 6  to may adopt such rules pursuant to ss. 120.54 and 120.536(1)

 7  as are necessary to implement the provisions of this part.

 8  Such rules shall be consistent with the water resource

 9  implementation rule and shall not allow harm to water

10  resources or be contrary to the policy set forth in s.

11  373.016.

12         Section 85.  Section 376.07, Florida Statutes, is

13  amended to read:

14         376.07  Regulatory powers of department; penalties for

15  inadequate booming by terminal facilities.--The department

16  shall from time to time adopt, amend, repeal, and enforce

17  reasonable rules insofar as they relate to discharges of

18  pollutants into the waters of this state or onto the coasts of

19  this state.

20         (1)  The department shall adopt rules pursuant to ss.

21  120.54 and 120.536(1) to implement ss. 376.011-376.21 rules

22  shall be adopted in accordance with the Administrative

23  Procedure Act, chapter 120.

24         (2)  The department shall adopt rules including, but

25  not limited to, the following matters:

26         (a)  Operation and inspection requirements for

27  discharge prevention, abatement, and cleanup capabilities of

28  terminal facilities and vessels, and other matters relating to

29  certification under ss. 376.011-376.21.

30         (b)  Procedures and methods of reporting discharges and

31  other occurrences prohibited by ss. 376.011-376.21.

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         (c)  Procedures, methods, means, and equipment to be

 2  used by persons subject to regulation by ss. 376.011-376.21 in

 3  the removal of pollutants.

 4         (d)  Development and implementation of criteria and

 5  plans to meet pollution occurrences of various degrees and

 6  kinds.

 7         (e)  Creation by contract or administrative action of a

 8  state response team which shall be responsible for creating

 9  and maintaining a contingency plan of response, organization,

10  and equipment for handling emergency cleanup operations and

11  wildlife rescue and rehabilitation operations.  The state

12  plans shall include detailed emergency operating procedures

13  for the state as a whole, and the team shall from time to time

14  conduct practice alerts.  These plans shall be filed with the

15  Governor and all Coast Guard stations in the state and Coast

16  Guard captains of the port having responsibility for

17  enforcement of federal pollution laws within the state.  The

18  contingency plan shall include all necessary information for

19  the total containment and cleanup of pollution, including, but

20  not limited to, an inventory of equipment and its location, a

21  table of organization with the names, addresses, and telephone

22  numbers of all persons responsible for implementing every

23  phase of the plan, including a plan for wildlife rescue and

24  rehabilitation operations, a list of available sources of

25  supplies necessary for cleanup, and a designation of priority

26  zones to determine the sequence and methods of cleanup. The

27  state response team shall act independently of agencies of the

28  Federal Government but is directed to cooperate with any

29  federal cleanup operation.

30         (f)  Requirements for minimum weather and sea

31  conditions for permitting a vessel to enter port and for the

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  safety and operation of vessels, barges, tugs, motor vehicles,

 2  motorized equipment, and other equipment relating to the use

 3  and operation of terminals, facilities, and refineries, the

 4  approach and departure from terminals, facilities, and

 5  refineries, and requirements that containment gear approved by

 6  the department be on hand and maintained by terminal

 7  facilities and refineries with adequate personnel trained in

 8  its use.

 9         (g)  Requirements that, prior to being granted entry

10  into any port in this state, the master of a vessel shall

11  report:

12         1.  Any discharges of pollutants the vessel has had

13  since leaving the last port.

14         2.  Any mechanical problem on the vessel which creates

15  the possibility of a discharge.

16         3.  Any denial of entry into any port during the

17  current cruise of the vessel.

18         (h)  Requirements that any terminal facility be subject

19  to a complete and thorough inspection whenever the terminal

20  facility causes or permits the discharge of a pollutant in

21  violation of the provisions of ss. 376.011-376.21, and at

22  other reasonable times. If the department determines there are

23  unsatisfactory preventive measures or containment and cleanup

24  capabilities, it shall, within a reasonable time after notice

25  and hearing in compliance with chapter 120, suspend the

26  registration until such time as there is compliance with the

27  department requirements.

28         (i)  Such other rules as the exigencies of any

29  condition may require or as may reasonably be necessary to

30  carry out the intent of ss. 376.011-376.21.

31         (3)  The department shall not require vessels to

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  maintain discharge prevention gear, holding tanks, and

 2  containment gear which exceed federal requirements.  However,

 3  a terminal facility transferring heavy oil to or from a vessel

 4  with a heavy oil storage capacity greater than 10,000 gallons

 5  shall be required, considering existing weather and tidal

 6  conditions, to adequately boom or seal off the transfer area

 7  during a transfer, including, but not limited to, a bunkering

 8  operation, to minimize the escape of such pollutants from the

 9  containment area.  As used in this subsection, the term

10  "adequate booming" means booming with proper containment

11  equipment which is employed and located for the purpose of

12  preventing, for the most likely discharge, as much of the

13  pollutant as possible from escaping out of the containment

14  area.

15         (a)  The owner or operator of a terminal facility

16  involved in the transfer of such pollutant to or from a vessel

17  which is not adequately boomed commits a noncriminal

18  infraction and shall be cited for such infraction.  The civil

19  penalty for such an infraction shall be $2,500, except as

20  otherwise provided in this section.

21         (b)  Any person cited for an infraction under this

22  section may:

23         1.  Pay the civil penalty;

24         2.  Post bond equal to the amount of the applicable

25  civil penalty; or

26         3.  Sign and accept a citation indicating a promise to

27  appear before the county court.

28

29  The officer authorized to issue these citations may indicate

30  on the citation the time and location of the scheduled hearing

31  and shall indicate the applicable civil penalty.

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         (c)  Any person who willfully refuses to post bond or

 2  accept and sign a citation commits a misdemeanor of the second

 3  degree, punishable as provided in s. 775.082 or s. 775.083.

 4         (d)  After compliance with subparagraph (b)2. or

 5  subparagraph (b)3., any person charged with a noncriminal

 6  infraction under this section may:

 7         1.  Pay the civil penalty, either by mail or in person,

 8  within 30 days after the date of receiving the citation; or

 9         2.  If the person has posted bond, forfeit the bond by

10  not appearing at the designated time and location.

11

12  A person cited for an infraction under this section who pays

13  the civil penalty or forfeits the bond has admitted the

14  infraction and waives the right to a hearing on the issue of

15  commission of the infraction.  Such admission may not be used

16  as evidence in any other proceedings.

17         (e)  Any person who elects to appear before the county

18  court or who is required to appear waives the limitations of

19  the civil penalty specified in paragraph (a).  The issue of

20  whether an infraction has been committed and the severity of

21  the infraction shall be determined by a hearing official at a

22  hearing.  If the commission of the infraction is proved by the

23  greater weight of the evidence, the court shall impose a civil

24  penalty of $2,500.  If the court determines that the owner or

25  operator of the terminal facility failed to deploy any boom

26  equipment during such a transfer, including, but not limited

27  to, a bunkering operation, the civil penalty shall be $5,000.

28         (f)  A person who is found by the hearing official to

29  have committed an infraction may appeal that finding to the

30  circuit court.

31         (g)  Any person who has not posted bond and who fails

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  either to pay the civil penalty specified in paragraph (a)

 2  within 30 days after receipt of the citation or to appear

 3  before the court commits a misdemeanor of the second degree,

 4  punishable as provided in s. 775.082 or s. 775.083.

 5         Section 86.  Section 377.22, Florida Statutes, is

 6  amended to read:

 7         377.22  Rules, regulations, and orders.--

 8         (1)  The department shall provide, by rule rules and

 9  regulations, for ratable takings in all pools on a reasonable

10  and equitable basis.

11         (2)  The department shall adopt such rules and

12  regulations, and shall issue such orders and adopt rules

13  pursuant to ss. 120.54 and 120.536(1) to implement and enforce

14  the provisions of, governing all phases of the exploration,

15  drilling, and production of oil, gas, or other petroleum

16  products in the state, including exploration, drilling, and

17  production in the offshore waters of the state as may be

18  necessary for the proper administration and enforcement of

19  this chapter.  Such rules, regulations, and orders shall

20  ensure that all precautions are taken to prevent the spillage

21  of oil or any other pollutant in all phases of the drilling

22  for, and extracting of, oil, gas, or other petroleum products.

23  The department shall revise such rules and regulations from

24  time to time as may be necessary for the proper administration

25  and enforcement of this chapter. Rules adopted, regulations,

26  and orders issued promulgated in accordance with this section

27  shall be for, but shall not be limited to, the following

28  purposes:

29         (a)  To require the drilling, casing, and plugging of

30  wells to be done in such a manner as to prevent the pollution

31  of the fresh, salt, or brackish waters or the lands of the

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  state.

 2         (b)  To prevent the alteration of the sheet flow of

 3  water in any area.

 4         (c)  To require that appropriate safety equipment be

 5  installed to minimize the possibility of an escape of oil or

 6  other petroleum products in the event of accident, human

 7  error, or a natural disaster during drilling, casing, or

 8  plugging of any well and during extraction operations.

 9         (d)  To require the drilling, casing, and plugging of

10  wells to be done in such a manner as to prevent the escape of

11  oil or other petroleum products from one stratum to another.

12         (e)  To prevent the intrusion of water into an oil or

13  gas stratum from a separate stratum, except as provided by

14  rules of the division relating to the injection of water for

15  proper reservoir conservation and brine disposal.

16         (f)  To require a reasonable bond, or other form of

17  security acceptable to the department, conditioned upon the

18  performance of the duty to plug properly each dry and

19  abandoned well and the full and complete restoration by the

20  applicant of the area over which geophysical exploration,

21  drilling, or production is conducted to the similar contour

22  and general condition in existence prior to such operation.

23         (g)  To require and carry out a reasonable program of

24  monitoring or inspection of all drilling operations or

25  producing wells, including regular inspections by division

26  personnel.

27         (h)  To require the making of reports showing the

28  location of all oil and gas wells; the making and filing of

29  logs; the taking and filing of directional surveys; the filing

30  of electrical, sonic, radioactive, and mechanical logs of oil

31  and gas wells; if taken, the saving of cutting and cores, the

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    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  cuts of which shall be given to the Bureau of Geology; and the

 2  making of reports with respect to drilling and production

 3  records.  However, such information, or any part thereof, at

 4  the request of the operator, shall be exempt from the

 5  provisions of s. 119.07(1) and held confidential by the

 6  division for a period of 1 year after the completion of a

 7  well.

 8         (i)  To prevent wells from being drilled, operated, or

 9  produced in such a manner as to cause injury to neighboring

10  leases or property.

11         (j)  To prevent the drowning by water of any stratum,

12  or part thereof, capable of producing oil or gas in paying

13  quantities and to prevent the premature and irregular

14  encroachment of water which reduces, or tends to reduce, the

15  total ultimate recovery of oil or gas from any pool.

16         (k)  To require the operation of wells with efficient

17  gas-oil ratio, and to fix such ratios.

18         (l)  To prevent "blowouts," "caving," and "seepage," in

19  the sense that conditions indicated by such terms are

20  generally understood in the oil and gas business.

21         (m)  To prevent fires.

22         (n)  To identify the ownership of all oil or gas wells,

23  producing leases, refineries, tanks, plants, structures, and

24  storage and transportation equipment and facilities.

25         (o)  To regulate the "shooting," perforating and

26  chemical treatment of wells.

27         (p)  To regulate secondary recovery methods, including

28  the introduction of gas, air, water, or other substance into

29  producing formations.

30         (q)  To regulate gas cycling operations.

31         (r)  If necessary for the prevention of waste, as

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  herein defined, to determine, limit, and prorate the

 2  production of oil or gas, or both, from any pool or field in

 3  the state.

 4         (s)  To require, either generally or in or from

 5  particular areas, certificates of clearance or tenders in

 6  connection with the transportation or delivery of oil or gas,

 7  or any product.

 8         (t)  To regulate the spacing of wells and to establish

 9  drilling units.

10         (u)  To prevent, so far as is practicable, reasonably

11  avoidable drainage from each developed unit which is not

12  equalized by counterdrainage.

13         (v)  To require that geophysical operations requiring a

14  permit be conducted in a manner which will minimize the impact

15  on hydrology and biota of the area, especially environmentally

16  sensitive lands and coastal areas.

17         (w)  To regulate aboveground crude oil storage tanks in

18  a manner which will protect the water resources of the state.

19         (x)  To act in a receivership capacity for fractional

20  mineral interests for which the owners are unknown or

21  unlocated and to administratively designate the operator as

22  the lessee.

23         Section 87.  Paragraph (g) of subsection (3) of section

24  377.703, Florida Statutes, is amended to read:

25         377.703  Additional functions of the Department of

26  Community Affairs; energy emergency contingency plan; federal

27  and state conservation programs.--

28         (3)  DEPARTMENT OF COMMUNITY AFFAIRS; DUTIES.--The

29  Department of Community Affairs shall, in addition to assuming

30  the duties and responsibilities provided by ss. 20.18 and

31  377.701, perform the following functions consistent with the

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  development of a state energy policy:

 2         (g)  The department has authority to adopt rules

 3  pursuant to ss. 120.54 and 120.536(1) to implement the

 4  provisions of is authorized to make any rules or regulations

 5  pursuant to chapter 120 as are necessary to carry out the

 6  purposes of this act.

 7         Section 88.  Paragraph (d) of subsection (1) of section

 8  378.205, Florida Statutes, is amended to read:

 9         378.205  Administration; powers and duties of the

10  department; agency review responsibility.--

11         (1)  The department shall administer the provisions of

12  this part and shall have the following powers and duties:

13         (d)  To adopt those rules pursuant to ss. 120.54 and

14  120.536(1) necessary to implement the provisions of administer

15  this part.

16         Section 89.  Subsection (1) of section 378.404, Florida

17  Statutes, is amended to read:

18         378.404  Department of Environmental Protection; powers

19  and duties.--The department shall have the following powers

20  and duties:

21         (1)  To adopt rules pursuant to ss. 120.54 and

22  120.536(1) procedural rules to implement the provisions of

23  this part.

24         Section 90.  Paragraph (c) of subsection (22) of

25  section 380.05, Florida Statutes, is amended to read:

26         380.05  Areas of critical state concern.--

27         (22)  All state agencies with rulemaking authority for

28  programs that affect a designated area of critical state

29  concern shall review those programs for consistency with the

30  purpose of the designation and principles for guiding

31  development, and shall adopt specific permitting standards and

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  criteria applicable in the designated area, or otherwise amend

 2  the program, as necessary to further the purpose of the

 3  designation.

 4         (c)  The Administration Commission has authority to may

 5  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

 6  the provisions of this subsection.

 7         Section 91.  Paragraph (f) of subsection (4) of section

 8  380.0651, Florida Statutes, is amended to read:

 9         380.0651  Statewide guidelines and standards.--

10         (4)  Two or more developments, represented by their

11  owners or developers to be separate developments, shall be

12  aggregated and treated as a single development under this

13  chapter when they are determined to be part of a unified plan

14  of development and are physically proximate to one other.

15         (f)  Pursuant to chapter 120, The state land planning

16  agency has authority to adopt rules pursuant to ss. 120.54 and

17  120.536(1) to implement the provisions of shall adopt rules as

18  necessary to implement this subsection.

19         Section 92.  Subsection (13) of section 381.0011,

20  Florida Statutes, is amended to read:

21         381.0011  Duties and powers of the Department of

22  Health.--It is the duty of the Department of Health to:

23         (13)  Adopt, repeal, and amend rules pursuant to ss.

24  120.54 and 120.536(1) to implement the provisions of law

25  conferring duties upon it consistent with law.  This

26  subsection does not authorize the department to require a

27  permit or license unless such requirement is specifically

28  provided by law.

29         Section 93.  Section 384.33, Florida Statutes, is

30  amended to read:

31         384.33  Rules.--The department may adopt rules pursuant

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  to ss. 120.54 and 120.536(1) to implement carry out the

 2  provisions of this chapter.

 3         Section 94.  Subsection (12) of section 391.026,

 4  Florida Statutes, is amended to read:

 5         391.026  Powers and duties of the department.--To

 6  administer its programs of children's medical services, the

 7  department shall have the following powers, duties, and

 8  responsibilities:

 9         (12)  To adopt rules pursuant to ss. 120.54 and

10  120.536(1) to implement make rules to carry out the provisions

11  of this act.

12         Section 95.  Section 392.66, Florida Statutes, is

13  amended to read:

14         392.66  Rules.--The department shall adopt rules

15  pursuant to ss. 120.54 and 120.536(1) to implement carry out

16  the provisions of this chapter.

17         Section 96.  Subsection (1) of section 394.879, Florida

18  Statutes, is amended to read:

19         394.879  Rules; enforcement.--

20         (1)  The department shall adopt reasonable rules

21  pursuant to ss. 120.54 and 120.536(1) to implement the

22  provisions of this chapter, including, at a minimum, rules

23  providing standards to ensure that:

24         (a)  Sufficient numbers and types of qualified

25  personnel are on duty and available at all times to provide

26  necessary and adequate client safety and care.

27         (b)  Adequate space is provided each client of a

28  licensed facility.

29         (c)  Licensed facilities are limited to an appropriate

30  number of beds.

31         (d)  Each licensee establishes and implements adequate

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  infection control, housekeeping, sanitation, disaster

 2  planning, and medical recordkeeping.

 3         (e)  Licensed facilities are established, organized,

 4  and operated in accordance with programmatic standards of the

 5  department.

 6         Section 97.  Subsection (1) of section 395.1055,

 7  Florida Statutes, is amended to read:

 8         395.1055  Rules and enforcement.--

 9         (1)  The agency shall adopt, amend, promulgate, and

10  enforce rules pursuant to ss. 120.54 and 120.536(1) to

11  implement the provisions of this part, which shall include

12  reasonable and fair minimum standards for ensuring that:

13         (a)  Sufficient numbers and qualified types of

14  personnel and occupational disciplines are on duty and

15  available at all times to provide necessary and adequate

16  patient care and safety.

17         (b)  Infection control, housekeeping, sanitary

18  conditions, and medical record procedures that will adequately

19  protect patient care and safety are established and

20  implemented.

21         (c)  A comprehensive emergency management plan is

22  prepared and updated annually.  Such standards must be

23  included in the rules adopted by the agency after consulting

24  with the Department of Community Affairs.  At a minimum, the

25  rules must provide for plan components that address emergency

26  evacuation transportation; adequate sheltering arrangements;

27  postdisaster activities, including emergency power, food, and

28  water; postdisaster transportation; supplies; staffing;

29  emergency equipment; individual identification of residents

30  and transfer of records, and responding to family inquiries.

31  The comprehensive emergency management plan is subject to

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  review and approval by the local emergency management agency.

 2  During its review, the local emergency management agency shall

 3  ensure that the following agencies, at a minimum, are given

 4  the opportunity to review the plan: the Department of Elderly

 5  Affairs, the Department of Health and Rehabilitative Services,

 6  the Agency for Health Care Administration, and the Department

 7  of Community Affairs. Also, appropriate volunteer

 8  organizations must be given the opportunity to review the

 9  plan.  The local emergency management agency shall complete

10  its review within 60 days and either approve the plan or

11  advise the facility of necessary revisions.

12         (d)  Facilities are structurally capable of serving as

13  shelters and equipped to be self-supporting during and

14  immediately following disasters.

15         (e)  Construction, maintenance, repair, lifesafety, and

16  renovation of licensed facilities are governed by the most

17  recently adopted, nationally recognized lifesafety code,

18  except as may be specifically modified by rule.

19         (f)  Licensed facilities are established, organized,

20  and operated consistent with established standards and rules.

21         (g)  Licensed facility beds conform to minimum space,

22  equipment, and furnishings standards as specified by the

23  department.

24         (h)  All hospitals submit such data as necessary to

25  conduct certificate-of-need reviews required under ss.

26  408.031-408.045. Such data shall include, but shall not be

27  limited to, patient origin data, hospital utilization data,

28  type of service reporting, and facility staffing data.  The

29  agency shall not collect data that identifies or could

30  disclose the identity of individual patients. The agency shall

31  utilize existing uniform statewide data sources when available

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  and shall minimize reporting costs to hospitals.

 2         (i)  Each hospital has a quality improvement program

 3  designed according to standards established by their current

 4  accrediting organization. This program will enhance quality of

 5  care and emphasize quality patient outcomes, corrective action

 6  for problems, governing board review, and reporting to the

 7  agency of standardized data elements necessary to analyze

 8  quality of care outcomes.  The agency shall use existing data,

 9  when available, and shall not duplicate the efforts of other

10  state agencies in order to obtain such data.

11         Section 98.  Subsection (7) of section 403.061, Florida

12  Statutes, is amended to read:

13         403.061  Department; powers and duties.--The department

14  shall have the power and the duty to control and prohibit

15  pollution of air and water in accordance with the law and

16  rules adopted and promulgated by it and, for this purpose, to:

17         (7)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

18  to implement the provisions of, modify, and repeal rules and

19  regulations to carry out the intent and purposes of this act.

20  Any rule or regulation adopted pursuant to this act shall be

21  consistent with the provisions of federal law, if any,

22  relating to control of emissions from motor vehicles, effluent

23  limitations, pretreatment requirements, or standards of

24  performance. No county, municipality, or political subdivision

25  shall adopt or enforce any local ordinance, special law, or

26  local regulation requiring the installation of Stage II vapor

27  recovery systems, as currently defined by department rule,

28  unless such county, municipality, or political subdivision is

29  or has been in the past designated by federal regulation as a

30  moderate, serious, or severe ozone nonattainment area. Rules

31  adopted pursuant to this act shall not require dischargers of

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  waste into waters of the state to improve natural background

 2  conditions. Discharges from steam electric generating plants

 3  existing or licensed under this chapter on July 1, 1984, shall

 4  not be required to be treated to a greater extent than may be

 5  necessary to assure that the quality of nonthermal components

 6  of discharges from nonrecirculated cooling water systems is as

 7  high as the quality of the makeup waters; that the quality of

 8  nonthermal components of discharges from recirculated cooling

 9  water systems is no lower than is allowed for blowdown from

10  such systems; or that the quality of noncooling system

11  discharges which receive makeup water from a receiving body of

12  water which does not meet applicable department water quality

13  standards is as high as the quality of the receiving body of

14  water. The department may not adopt standards more stringent

15  than federal regulations, except as provided in s. 403.804.

16

17  The department shall implement such programs in conjunction

18  with its other powers and duties and shall place special

19  emphasis on reducing and eliminating contamination that

20  presents a threat to humans, animals or plants, or to the

21  environment.

22         Section 99.  Paragraph (a) of subsection (5) and

23  subsection (10) of section 403.1835, Florida Statutes, are

24  amended to read:

25         403.1835  Sewage treatment facilities revolving loan

26  program.--

27         (5)(a)  The department has authority to adopt rules

28  pursuant to ss. 120.54 and 120.536(1) to implement the

29  provisions of is authorized to make rules necessary to carry

30  out the purpose of this section, including rules to administer

31  the state revolving fund authorized pursuant to the Federal

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  Water Pollution Control Act, as amended.

 2         (10)(a)  Because the Legislature has experienced

 3  revenue shortfalls in recent years and has been unable to

 4  provide enough funds to fully match available federal funds to

 5  help capitalize the Sewage Treatment Revolving Loan Fund, it

 6  is necessary for innovative approaches to be considered to

 7  help capitalize the revolving loan fund. The department shall

 8  evaluate potential innovative approaches that can generate

 9  funds to match available federal funds. The department shall

10  consider, among other possible alternatives, the option of

11  implementing by rule a program to allow local governments to

12  offer funds voluntarily to the state for use as a match to

13  available federal funds to capitalize the state sewage

14  treatment revolving loan fund.

15         (b)  The department may adopt rules necessary to

16  administer this section.

17         Section 100.  Subsection (1) of section 403.504,

18  Florida Statutes, is amended to read:

19         403.504  Department of Environmental Protection; powers

20  and duties enumerated.--The department shall have the

21  following powers and duties in relation to this act:

22         (1)  To adopt, promulgate, or amend reasonable rules

23  pursuant to ss. 120.54 and 120.536(1) to implement the

24  provisions of this act, including rules setting forth

25  environmental precautions to be followed in relation to the

26  location and operation of electrical power plants.

27         Section 101.  Subsection (1) of section 403.523,

28  Florida Statutes, is amended to read:

29         403.523  Department of Environmental Protection; powers

30  and duties.--The department shall have the following powers

31  and duties:

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         (1)  To adopt or amend reasonable procedural rules

 2  pursuant to ss. 120.54 and 120.536(1) to implement the

 3  provisions of this act and to adopt or amend rules to

 4  implement the provisions of subsection (10).

 5         Section 102.  Subsection (15) of section 403.704,

 6  Florida Statutes, is amended to read:

 7         403.704  Powers and duties of the department.--The

 8  department shall have responsibility for the implementation

 9  and enforcement of the provisions of this act. In addition to

10  other powers and duties, the department shall:

11         (15)  Adopt, repeal, or amend rules pursuant to ss.

12  120.54 and 120.536(1) to implement, administer, and enforce

13  the provisions of this act, including requirements for the

14  classification, construction, operation, maintenance, and

15  closure of solid waste management facilities and requirements

16  for, and conditions on, solid waste disposal in this state,

17  whether such solid waste is generated within this state or

18  outside this state as long as such requirements and conditions

19  are not based on the out-of-state origin of the waste and are

20  consistent with applicable provisions of law. When classifying

21  solid waste management facilities, the department shall

22  consider the hydrogeology of the site for the facility, the

23  types of wastes to be handled by the facility, and methods

24  used to control the types of waste to be handled by the

25  facility and shall seek to minimize the adverse effects of

26  solid waste management on the environment.  Whenever the

27  department adopts any rule stricter or more stringent than one

28  which has been set by the United States Environmental

29  Protection Agency, the procedures set forth in s. 403.804(2)

30  shall be followed.  The department shall not, however, adopt

31  hazardous waste rules for solid waste for which special

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  studies were required prior to October 1, 1988, under s. 8002

 2  of the Resource Conservation and Recovery Act, 42 U.S.C. s.

 3  6982, as amended, until the studies are completed by the

 4  United States Environmental Protection Agency and the

 5  information is available to the department for consideration

 6  in adopting its own rule.

 7         Section 103.  Subsection (4) of section 403.716,

 8  Florida Statutes, is amended to read:

 9         403.716  Training of operators of solid waste

10  management and other facilities.--

11         (4)  The department has authority to may adopt rules

12  and minimum standards and other rules pursuant to ss. 120.54

13  and 120.536(1) to implement to effectuate the provisions of

14  this section. The department shall and to ensure the safe,

15  healthy, and lawful operation of solid waste management

16  facilities in this state.  The department may establish by

17  rule various classifications for operators to cover the need

18  for differing levels of training required to operate various

19  types of solid waste management facilities due to different

20  operating requirements at such facilities.

21         Section 104.  Subsection (1) of section 403.805,

22  Florida Statutes, is amended to read:

23         403.805  Secretary; powers and duties.--

24         (1)  The secretary shall have the powers and duties of

25  heads of departments set forth in chapter 20, including the

26  authority power to adopt rules pursuant to ss. 120.54 and

27  120.536(1) to implement the provisions of under chapters 253,

28  373, and 376, and this chapter. The secretary shall have

29  rulemaking responsibility under chapter 120, but shall submit

30  any proposed rule containing standards to the Environmental

31  Regulation Commission for approval, modification, or

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  disapproval pursuant to s. 403.804.  The secretary shall

 2  employ legal counsel to represent the department in matters

 3  affecting the department. Except for appeals on permits

 4  specifically assigned by this act to the Governor and Cabinet,

 5  and unless otherwise prohibited by law, the secretary may

 6  delegate the authority assigned to the department by this act

 7  to the assistant secretary, division directors, and district

 8  and branch office managers and to the water management

 9  districts.

10         Section 105.  Subsection (9) of section 403.861,

11  Florida Statutes, is amended to read:

12         403.861  Department; powers and duties.--The department

13  shall have the power and the duty to carry out the provisions

14  and purposes of this act and, for this purpose, to:

15         (9)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

16  to implement the provisions of, modify, and repeal such rules

17  as are necessary or appropriate to carry out its functions

18  under this act.

19         Section 106.  Section 403.869, Florida Statutes, is

20  amended to read:

21         403.869  Authority to adopt rules.--The department may

22  adopt rules pursuant to ss. 120.54 and 120.536(1) necessary to

23  implement carry out the provisions of ss. 403.865-403.876.

24         Section 107.  Subsection (1) of section 403.9404,

25  Florida Statutes, is amended to read:

26         403.9404  Department of Environmental Protection;

27  powers and duties.--The Department of Environmental Protection

28  shall have the following powers and duties:

29         (1)  To adopt or amend reasonable procedural rules

30  pursuant to ss. 120.54 and 120.536(1) to implement the

31  provisions of ss. 403.9401-403.9425 and to adopt or amend

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  rules to implement the provisions of subsection (8).

 2         Section 108.  Section 406.04, Florida Statutes, is

 3  amended to read:

 4         406.04  Rules and regulations.--The commission shall

 5  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

 6  the provisions of promulgate rules and regulations, pursuant

 7  to chapter 120, necessary to effectuate this chapter. The

 8  commission shall and to ensure minimum and uniform standards

 9  of excellence, performance of duties, and maintenance of

10  records so as to provide useful and adequate information to

11  the state in regard to causative factors of those deaths

12  investigated.

13         Section 109.  Subsection (8) of section 408.15, Florida

14  Statutes, is amended to read:

15         408.15  Powers of the agency.--In addition to the

16  powers granted to the agency elsewhere in this chapter, the

17  agency is authorized to:

18         (8)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

19  to implement, amend, and repeal all rules necessary to carry

20  out the provisions of this chapter.

21         Section 110.  Section 414.45, Florida Statutes, is

22  amended to read:

23         414.45  Rulemaking.--The department has authority to

24  may adopt, amend, or repeal rules pursuant to ss. 120.54 and

25  120.536(1), as provided in chapter 120, to implement and,

26  enforce the provisions of, and interpret this chapter. The

27  Department of Labor and Employment Security may adopt, amend,

28  or repeal rules pursuant to ss. 120.54 and 120.536(1), as

29  provided in chapter 120, to implement and, enforce the

30  provisions of, and interpret this chapter. The rules must

31  provide protection against discrimination and the opportunity

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  for a participant to request a review by a supervisor or

 2  administrator of any decision made by a panel or board of the

 3  department, the Department of Labor and Employment Security,

 4  or the WAGES Program.

 5         Section 111.  Subsection (10) of section 427.013,

 6  Florida Statutes, is amended to read:

 7         427.013  The Commission for the Transportation

 8  Disadvantaged; purpose and responsibilities.--The purpose of

 9  the commission is to accomplish the coordination of

10  transportation services provided to the transportation

11  disadvantaged. The goal of this coordination shall be to

12  assure the cost-effective provision of transportation by

13  qualified community transportation coordinators or

14  transportation operators for the transportation disadvantaged

15  without any bias or presumption in favor of multioperator

16  systems or not-for-profit transportation operators over single

17  operator systems or for-profit transportation operators. In

18  carrying out this purpose, the commission shall:

19         (10)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

20  Develop and monitor rules and procedures to implement the

21  provisions of ss. 427.011-427.017.

22         Section 112.  Section 430.08, Florida Statutes, is

23  amended to read:

24         430.08  Rulemaking.--The department shall adopt, amend,

25  or rescind such rules pursuant to ss. 120.54 and 120.536(1) to

26  implement as it deems necessary to carry out the provisions of

27  this chapter.

28         Section 113.  Section 440.591, Florida Statutes, is

29  amended to read:

30         440.591  Administrative procedure; rulemaking

31  authority.--The division has authority to adopt rules pursuant

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

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 1  to ss. 120.54 and 120.536(1) to implement the provisions of

 2  shall have the authority to adopt rules to govern the

 3  performance of any programs, duties, or responsibilities with

 4  which it is charged under this chapter conferring duties upon

 5  it.

 6         Section 114.  Paragraph (a) of subsection (2) of

 7  section 443.171, Florida Statutes, is amended to read:

 8         443.171  Division and commission; powers and duties;

 9  rules; advisory council; records and reports.--

10         (2)  RULES; DIVISION, SEAL.--

11         (a)  The division has authority to adopt rules pursuant

12  to ss. 120.54 and 120.536(1) to implement the provisions of

13  shall have the power and authority to adopt, amend, or rescind

14  such rules as are necessary for the administration of this

15  chapter.

16         Section 115.  Subsection (5) of section 455.203,

17  Florida Statutes, is amended to read:

18         455.203  Department; powers and duties.--The

19  department, for the boards under its jurisdiction, shall:

20         (5)  Adopt all rules pursuant to ss. 120.54 and

21  120.536(1) necessary to implement the provisions of administer

22  this part.

23         Section 116.  Subsection (5) of section 455.521,

24  Florida Statutes, is amended to read:

25         455.521  Department; powers and duties.--The

26  department, for the boards under its jurisdiction, shall:

27         (5)  Adopt all rules pursuant to ss. 120.54 and

28  120.536(1) necessary to implement the provisions of administer

29  this part.

30         Section 117.  Section 457.104, Florida Statutes, is

31  amended to read:

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         457.104  Authority to make rules.--The board has

 2  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

 3  to implement provisions of is authorized to make rules not

 4  inconsistent with law which are necessary to carry out the

 5  duties and authority conferred upon the board by this chapter

 6  conferring duties upon it.

 7         Section 118.  Subsection (1) of section 458.309,

 8  Florida Statutes, is amended to read:

 9         458.309  Authority to make rules.--

10         (1)  The board has authority to adopt rules pursuant to

11  ss. 120.54 and 120.536(1) to implement the provisions of is

12  authorized to make such rules not inconsistent with law as may

13  be necessary to carry out the duties and authority conferred

14  upon the board by this chapter conferring duties upon it and

15  as may be necessary to protect the health, safety, and welfare

16  of the public.

17         Section 119.  Section 459.005, Florida Statutes, is

18  amended to read:

19         459.005  Authority to make rules.--The board has

20  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

21  to implement the provisions of is authorized to make such

22  rules not inconsistent with law as may be necessary to carry

23  out the duties and authority conferred upon the board by this

24  chapter conferring duties upon it and as may be necessary to

25  protect the health, safety, and welfare of the public.

26         Section 120.  Section 460.405, Florida Statutes, is

27  amended to read:

28         460.405  Authority to make rules.--The Board of

29  Chiropractic has authority to adopt rules pursuant to ss.

30  120.54 and 120.536(1) to implement the provisions of is

31  authorized to make such rules not inconsistent with law as are

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  necessary to carry out the duties and authority conferred upon

 2  the board by this chapter conferring duties upon it.

 3         Section 121.  Section 461.005, Florida Statutes, is

 4  amended to read:

 5         461.005  Authority to make rules.--The Board of

 6  Podiatric Medicine has authority to adopt rules pursuant to

 7  ss. 120.54 and 120.536(1) to implement the provisions of is

 8  authorized to make such rules not inconsistent with law as are

 9  necessary to carry out the duties and authority conferred upon

10  the board by this chapter conferring duties upon it and as may

11  be necessary to protect the health, safety, and welfare of the

12  public.

13         Section 122.  Subsection (1) of section 463.005,

14  Florida Statutes, is amended to read:

15         463.005  Authority of the board.--

16         (1)  The Board of Optometry has authority to adopt

17  rules pursuant to ss. 120.54 and 120.536(1) to implement the

18  provisions of is authorized to make such rules not

19  inconsistent with law as are necessary to carry out the duties

20  and authority conferred upon the board by this chapter

21  conferring duties upon it. Such rules shall include, but not

22  be limited to, rules relating to:

23         (a)  Standards of practice, including, but not limited

24  to, those provided for in s. 463.0135.

25         (b)  Minimum equipment which a licensed practitioner

26  shall at all times possess to engage in the practice of

27  optometry.

28         (c)  Minimum procedures which shall constitute a visual

29  examination.

30         (d)  Procedures for the safekeeping and transfer of

31  prescription files or case records upon the discontinuance of

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  practice.

 2         (e)  Supervision of supportive personnel.

 3         (f)  Courses and procedures for continuing education.

 4         (g)  Administration and prescription of topical ocular

 5  pharmaceutical agents.

 6         Section 123.  Section 464.006, Florida Statutes, is

 7  amended to read:

 8         464.006  Authority to make rules.--The Board of Nursing

 9  has authority to adopt rules pursuant to ss. 120.54 and

10  120.536(1) to implement the provisions of is authorized to

11  make such rules not inconsistent with law as are necessary to

12  carry out the duties and authority conferred upon the board by

13  this chapter conferring duties upon it.

14         Section 124.  Section 465.005, Florida Statutes, is

15  amended to read:

16         465.005  Authority to make rules.--The Board of

17  Pharmacy has authority to adopt rules pursuant to ss. 120.54

18  and 120.536(1) to implement the provisions of is authorized to

19  make such rules not inconsistent with law as are necessary to

20  carry out the duties and authority conferred upon the board by

21  this chapter conferring duties upon it.

22         Section 125.  Subsection (1) of section 465.022,

23  Florida Statutes, is amended to read:

24         465.022  Pharmacies; general requirements; fees.--

25         (1)  The board shall adopt such rules pursuant to ss.

26  120.54 and 120.536(1) to implement the provisions of this

27  chapter relating to pharmacies as are necessary to protect the

28  public health, safety, and welfare.  Such rules shall include,

29  but shall not be limited to, rules relating to:

30         (a)  General drug safety measures.

31         (b)  Minimum standards for the physical facilities of

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  pharmacies.

 2         (c)  Safe storage of floor-stock drugs.

 3         (d)  Functions of a pharmacist in an institutional

 4  pharmacy, consistent with the size and scope of the pharmacy.

 5         (e)  Procedures for the safe storage and handling of

 6  radioactive drugs.

 7         (f)  Procedures for the distribution and disposition of

 8  medicinal drugs distributed pursuant to s. 499.028.

 9         (g)  Procedures for transfer of prescription files and

10  medicinal drugs upon the change of ownership or closing of a

11  pharmacy.

12         (h)  Minimum equipment which a pharmacy shall at all

13  times possess to fill prescriptions properly.

14         Section 126.  Subsection (4) of section 466.004,

15  Florida Statutes, is amended to read:

16         466.004  Board of Dentistry.--

17         (4)  The board is authorized to adopt all rules

18  pursuant to ss. 120.54 and 120.536(1) necessary to implement

19  carry out the provisions of this chapter and chapter 455,

20  including the establishment of a fee to defray the cost of

21  duplicating any license certification or permit, not to exceed

22  $10 per duplication.

23         Section 127.  Section 466.038, Florida Statutes, is

24  amended to read:

25         466.038  Rules.--The department may, upon consultation

26  with the Board of Dentistry and industry representatives of

27  the dental laboratory profession, has authority to adopt rules

28  pursuant to ss. 120.54 and 120.536(1) promulgate all rules

29  necessary to enforce the provisions of this chapter pertaining

30  to and regulating dental laboratories.

31         Section 128.  Section 467.005, Florida Statutes, is

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  amended to read:

 2         467.005  Authority to make rules.--The department has

 3  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

 4  to implement the provisions of is authorized to promulgate

 5  such rules not inconsistent with law as may be necessary to

 6  carry out the duties and authority conferred on the department

 7  by this chapter conferring duties upon it and as may be

 8  necessary to protect the health, safety, and welfare of the

 9  public.  The rules shall include, but not be limited to, the

10  allowable scope of midwifery practice regarding use of

11  equipment, procedures, and medication.

12         Section 129.  Paragraph (a) of subsection (4) of

13  section 468.1135, Florida Statutes, is amended to read:

14         468.1135  Board of Speech-Language Pathology and

15  Audiology.--

16         (4)(a)  The board has authority to adopt rules pursuant

17  to ss. 120.54 and 120.536(1) to implement the provisions of is

18  authorized to adopt such rules not inconsistent with law as

19  may be necessary to carry out the duties and authority

20  conferred upon the board by this part conferring duties upon

21  it.

22         Section 130.  Subsection (1) of section 468.1685,

23  Florida Statutes, is amended to read:

24         468.1685  Powers and duties of board and

25  department.--It is the function and duty of the board,

26  together with the department, to:

27         (1)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

28  to implement the provisions of Make such rules not

29  inconsistent with law as are necessary to carry out the duties

30  and authority conferred upon the board by this part conferring

31  duties upon the board.

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         Section 131.  Section 468.204, Florida Statutes, is

 2  amended to read:

 3         468.204  Authority to adopt rules.--The board has

 4  authority to may adopt such rules pursuant to ss. 120.54 and

 5  120.536(1) to implement the provisions of not inconsistent

 6  with law as may be necessary to carry out the duties and

 7  authority conferred upon the board by this part conferring

 8  duties upon it and as may be necessary to protect the health,

 9  safety, and welfare of the public.

10         Section 132.  Subsection (2) of section 468.384,

11  Florida Statutes, is amended to read:

12         468.384  Florida Board of Auctioneers.--

13         (2)  The board has authority to may adopt such rules

14  pursuant to ss. 120.54 and 120.536(1) to implement the

15  provisions of, not inconsistent with law, as may be necessary

16  to carry out the duties and authority conferred upon the board

17  by this act conferring duties upon it and as may be necessary

18  to protect the health, safety, and welfare of the public.

19         Section 133.  Subsection (3) of section 468.402,

20  Florida Statutes, is amended to read:

21         468.402  Duties of the department; authority to issue

22  and revoke license; adoption of rules.--

23         (3)  The department has authority to may adopt

24  reasonable rules pursuant to ss. 120.54 and 120.536(1) to

25  implement the provisions of for its own government in the

26  exercise of its powers under this part and for the conduct of

27  the business of talent agencies as specified by this part, and

28  the department may amend such rules at its pleasure.

29         Section 134.  Section 468.507, Florida Statutes, is

30  amended to read:

31         468.507  Authority to adopt rules.--The board has

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  authority to may adopt such rules pursuant to ss. 120.54 and

 2  120.536(1) to implement the provisions of not inconsistent

 3  with law as may be necessary to carry out the duties and

 4  authority conferred upon the board by this part and chapter

 5  455 conferring duties upon it.  The powers and duties of the

 6  board as set forth in this part shall in no way limit or

 7  interfere with the powers and duties of the board as set forth

 8  in chapter 458.  All powers and duties of the board set forth

 9  in this part shall be supplemental and additional powers and

10  duties to those conferred upon the board by chapter 458.

11         Section 135.  Section 468.522, Florida Statutes, is

12  amended to read:

13         468.522  Rules of the board.--The board has authority

14  to shall adopt all rules pursuant to ss. 120.54 and 120.536(1)

15  necessary to implement the provisions of administer this part.

16  Every licensee shall be governed and controlled by this part

17  and the rules adopted by the board.

18         Section 136.  Subsection (1) of section 468.606,

19  Florida Statutes, is amended to read:

20         468.606  Authority of the board.--The board is

21  authorized to:

22         (1)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

23  as necessary to implement carry out the provisions of this

24  part.

25         Section 137.  Section 468.705, Florida Statutes, is

26  amended to read:

27         468.705  Rulemaking authority.--The department is

28  authorized to adopt such rules pursuant to ss. 120.54 and

29  120.536(1) to implement provisions of not inconsistent with

30  law as may be necessary to carry out the duties and authority

31  conferred on the department by this part conferring duties

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  upon it and as may be necessary to protect the health, safety,

 2  and welfare of the public. Such rules shall include, but not

 3  be limited to, the allowable scope of practice regarding the

 4  use of equipment, procedures, and medication.

 5         Section 138.  Section 468.802, Florida Statutes, is

 6  amended to read:

 7         468.802  Authority to adopt rules.--The board shall

 8  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

 9  the provisions of administer this act, including rules

10  relating to standards of practice for orthotists,

11  prosthetists, and pedorthists.

12         Section 139.  Subsection (1) of section 470.005,

13  Florida Statutes, is amended to read:

14         470.005  Rulemaking authority of board and

15  department.--

16         (1)  The board has authority to adopt rules pursuant to

17  ss. 120.54 and 120.536(1) to implement the provisions of is

18  authorized to adopt rules not inconsistent with law as may be

19  necessary to carry out the duties and authority conferred upon

20  the board by this chapter conferring duties upon it and as may

21  be necessary to protect the health, safety, and welfare of the

22  public.  The department has authority to adopt rules pursuant

23  to ss. 120.54 and 120.536(1) to implement the provisions of is

24  authorized to adopt rules not inconsistent with law as may be

25  necessary to carry out the duties and authority conferred upon

26  the department by this chapter conferring duties upon it and

27  as may be necessary to protect the health, safety, and welfare

28  of the public.

29         Section 140.  Section 471.008, Florida Statutes, is

30  amended to read:

31         471.008  Rules of the board.--The board has authority

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  to may adopt such rules pursuant to ss. 120.54 and 120.536(1)

 2  to implement provisions of not inconsistent with law as may be

 3  necessary to carry out the duties and authority conferred upon

 4  the board by this chapter or chapter 455 conferring duties

 5  upon it.

 6         Section 141.  Section 472.008, Florida Statutes, is

 7  amended to read:

 8         472.008  Rules of the board.--The board has authority

 9  to adopt rules pursuant to ss. 120.54 and 120.536(1) to

10  implement the provisions of shall adopt such rules not

11  inconsistent with law as may be necessary to carry out the

12  duties and authority conferred upon the board by this chapter

13  conferring duties upon it.

14         Section 142.  Subsection (1) of section 473.304,

15  Florida Statutes, is amended to read:

16         473.304  Rules of board; powers and duties; legal

17  services.--

18         (1)  The board shall adopt all rules pursuant to ss.

19  120.54 and 120.536(1) necessary to implement the provisions of

20  administer this act.  Every licensee shall be governed and

21  controlled by this act and the rules adopted by the board.

22         Section 143.  Section 474.206, Florida Statutes, is

23  amended to read:

24         474.206  Authority to make rules.--The board has

25  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

26  to implement the provisions of is authorized to make such

27  rules not inconsistent with law as may be necessary to carry

28  out the duties and authority conferred upon the board by this

29  chapter conferring duties upon it and as may be necessary to

30  protect the health, safety, and welfare of the public.

31         Section 144.  Section 475.05, Florida Statutes, is

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  amended to read:

 2         475.05  Power of commission to enact bylaws and, rules,

 3  and regulations and decide questions of practice.--The

 4  commission may enact bylaws and regulations for its own

 5  government and adopt rules pursuant to ss. 120.54 and

 6  120.536(1) to implement the provisions of law conferring

 7  powers or duties upon it rules in the exercise of its powers,

 8  not in conflict with the constitution and laws of the United

 9  States or of this state, and amend the same at its pleasure.

10  The commission may decide questions of practice arising in the

11  proceedings before it, having regard to this chapter and the

12  rules then in force. Printed copies of rules, or written

13  copies under the seal of the commission, shall be prima facie

14  evidence of their existence and substance, and the courts

15  shall judicially notice such rules.  The conferral or

16  enumeration of specific powers elsewhere in this chapter shall

17  not be construed as a limitation of the general powers

18  conferred by this section.

19         Section 145.  Section 475.614, Florida Statutes, is

20  amended to read:

21         475.614  Power of board to adopt enact rules and decide

22  questions of practice.--The board has authority to adopt rules

23  pursuant to ss. 120.54 and 120.536(1) to implement provisions

24  of law conferring duties upon it may enact rules for its own

25  government and rules in the exercise of its powers, not in

26  conflict with the constitutions and laws of the United States

27  and this state, and may amend such rules at its pleasure.  The

28  board may decide questions of practice arising in the

29  proceedings before it, having regard to this section and the

30  rules then in force.

31         Section 146.  Subsection (4) of section 476.064,

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  Florida Statutes, is amended to read:

 2         476.064  Organization; headquarters; personnel;

 3  meetings.--

 4         (4)  The board has authority to adopt rules pursuant to

 5  ss. 120.54 and 120.536(1) to implement is authorized to adopt

 6  rules in accordance with the provisions of chapter 120 to

 7  carry out the provisions of this chapter.

 8         Section 147.  Section 477.016, Florida Statutes, is

 9  amended to read:

10         477.016  Rulemaking.--The board has authority to adopt

11  rules pursuant to ss. 120.54 and 120.536(1) to implement the

12  provisions of is authorized to adopt such rules not

13  inconsistent with law as may be necessary to carry out the

14  duties and authority conferred upon the board by this chapter

15  conferring duties upon it.

16         Section 148.  Subsection (1) of section 478.43, Florida

17  Statutes, is amended to read:

18         478.43  Board of Medicine; powers and duties.--

19         (1)  The board, with the assistance of the Electrolysis

20  Council, is authorized to establish minimum standards for the

21  delivery of electrolysis services and to adopt rules pursuant

22  to ss. 120.54 and 120.536(1) necessary to implement administer

23  the provisions of this chapter.

24         Section 149.  Subsection (7) of section 480.035,

25  Florida Statutes, is amended to read:

26         480.035  Board of Massage Therapy.--

27         (7)  The board has authority to adopt rules pursuant to

28  ss. 120.54 and 120.536(1) to implement the provisions of shall

29  promulgate such rules as are necessary to implement this

30  chapter.

31         Section 150.  Section 481.2055, Florida Statutes, is

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  amended to read:

 2         481.2055  Authority to make rules.--The board has

 3  authority to may adopt such rules pursuant to ss. 120.54 and

 4  120.536(1) to implement provisions of, not inconsistent with

 5  law, as may be necessary to carry out the duties and authority

 6  conferred upon the board by this part and chapter 455

 7  conferring duties upon it.

 8         Section 151.  Section 481.306, Florida Statutes, is

 9  amended to read:

10         481.306  Authority to make rules.--The board has

11  authority to may adopt such rules pursuant to ss. 120.54 and

12  120.536(1) to implement the provisions of, not inconsistent

13  with law, as may be necessary to carry out the duties and

14  authority conferred upon the board by this chapter and chapter

15  455 conferring duties upon it.

16         Section 152.  Section 482.051, Florida Statutes, is

17  amended to read:

18         482.051  Rules.--The department has authority to shall

19  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

20  the provisions of to carry out the intent and purpose of this

21  chapter.  Prior to proposing the adoption of a rule, the

22  department shall counsel with members of the pest control

23  industry concerning the proposed rule.  The department shall

24  adopt rules for the protection of the health, safety, and

25  welfare of pest control employees and the general public, in

26  conformity with this chapter and chapter 120, which require:

27         (1)  That all pesticides or economic poisons be used

28  only in accordance with the registered labels and labeling or

29  as directed by the United States Environmental Protection

30  Agency or the department.

31         (2)  That vehicles and trailers used in pest control be

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  permanently marked with the licensee's name that is registered

 2  with the department.

 3         (3)  That written contracts be required for providing

 4  termites and other wood-destroying organisms pest control,

 5  that provisions necessary to assure consumer protection as

 6  specified by the department be included in such contracts, and

 7  that require licensees to comply with the contracts issued.

 8         (4)  That a licensee, before performing general

 9  fumigation, notify in writing the department inspector having

10  jurisdiction over the location where the fumigation is to be

11  performed, which notice must be received by the department

12  inspector at least 24 hours in advance of the fumigation and

13  must contain such information as the department requires.

14  However, in an authentic and verifiable emergency, when 24

15  hours' advance notification is not possible, advance telephone

16  or telegraph notice may be given; but such notice must be

17  immediately followed by written confirmation providing the

18  required information.

19         (5)  That any pesticide used for preconstruction soil

20  treatments for the prevention of subterranean termites be

21  applied in the amount, concentration, and treatment area in

22  accordance with the label; that a copy of the label of the

23  registered pesticide being applied be carried in a vehicle at

24  the site where the pesticide is being applied; and that the

25  licensee maintain for 3 years the record of each

26  preconstruction soil treatment, indicating the date of

27  treatment, the location or address of the property treated,

28  the total square footage of the structure treated, the type of

29  pesticide applied, the concentration of each substance in the

30  mixture applied, and the total amount of pesticide applied.

31         Section 153.  Subsection (4) of section 483.805,

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  Florida Statutes, is amended to read:

 2         483.805  Board of Clinical Laboratory Personnel.--

 3         (4)  The board has authority to adopt rules pursuant to

 4  ss. 120.54 and 120.536(1) to implement the provisions of is

 5  authorized to adopt such rules not inconsistent with law as

 6  may be necessary to carry out the duties and authority

 7  conferred upon the board by this part conferring duties upon

 8  it.

 9         Section 154.  Section 484.005, Florida Statutes, is

10  amended to read:

11         484.005  Authority to make rules.--The board has

12  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

13  to implement the provisions of is authorized to make such

14  rules not inconsistent with law as may be necessary to carry

15  out the duties and authority conferred upon it by this part

16  conferring duties upon it and as may be necessary to protect

17  the health, safety, and welfare of the public. Such rules

18  shall include, but not be limited to, rules relating to:

19         (1)  A standard of practice for opticians licensed

20  pursuant to this part.

21         (2)  Minimum equipment which shall be utilized to

22  prepare, fit, measure, and dispense lenses, spectacles,

23  eyeglasses, contact lenses, and other optical devices allowed

24  under the practice of opticianry.

25         (3)  Procedures for transfer of prescription files upon

26  the going out of business of an optician, corporation, or

27  other person.

28         (4)  A standard of practice for filling prescriptions

29  for contact lenses and fitting, adapting, and dispensing

30  contact lenses.

31         Section 155.  Subsection (1) of section 484.044,

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

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 1  Florida Statutes, is amended to read:

 2         484.044  Authority to make rules.--

 3         (1)  The board has authority to adopt rules pursuant to

 4  ss. 120.54 and 120.536(1) to implement the provisions of is

 5  authorized to make such rules not inconsistent with law as may

 6  be necessary to carry out the duties and authority conferred

 7  upon the board by this part conferring duties upon it.

 8         Section 156.  Section 486.025, Florida Statutes, is

 9  amended to read:

10         486.025  Powers and duties of the Board of Physical

11  Therapy Practice.--The board may administer oaths, summon

12  witnesses, take testimony in all matters relating to its

13  duties under this chapter, establish or modify minimum

14  standards of practice, and adopt or amend rules pursuant to

15  ss. 120.54 and 120.536(1) necessary to implement the

16  provisions of administer this chapter.  The board may also

17  review the standing and reputability of any school or college

18  offering courses in physical therapy and whether the courses

19  of such school or college in physical therapy meet the

20  standards established by the appropriate accrediting agency

21  referred to in s. 486.031(3)(a).  In determining the standing

22  and reputability of any such school and whether the school and

23  courses meet such standards, the board may investigate and

24  make personal inspection of the same.

25         Section 157.  Section 488.02, Florida Statutes, is

26  amended to read:

27         488.02  Rules and regulations.--The Department of

28  Highway Safety and Motor Vehicles has authority to adopt rules

29  pursuant to ss. 120.54 and 120.536(1) is authorized to adopt

30  rules and regulations necessary to implement the provisions of

31  this chapter.

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    hbd-32                                     Bill No. CS/HB 1509

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 1         Section 158.  Section 489.108, Florida Statutes, is

 2  amended to read:

 3         489.108  Rulemaking authority of the board.--The board

 4  has authority to adopt rules pursuant to ss. 120.54 and

 5  120.536(1) to implement the provisions of is authorized to

 6  make such rules not inconsistent with law which are necessary

 7  to carry out the duties and authority conferred upon it by

 8  this chapter conferring duties upon it.

 9         Section 159.  Subsection (3) of section 489.507,

10  Florida Statutes, is amended to read:

11         489.507  Electrical Contractors' Licensing Board.--

12         (3)  The board has authority to adopt rules pursuant to

13  ss. 120.54 and 120.536(1) to implement shall have the

14  authority to make rules, consistent with law, as necessary to

15  carry out the provisions of this part.

16         Section 160.  Subsection (4) of section 490.004,

17  Florida Statutes, is amended to read:

18         490.004  Board of Psychology.--

19         (4)  The board shall adopt rules pursuant to ss. 120.54

20  and 120.536(1) to implement the provisions of this chapter.

21         Section 161.  Subsection (5) of section 491.004,

22  Florida Statutes, is amended to read:

23         491.004  Board of Clinical Social Work, Marriage and

24  Family Therapy, and Mental Health Counseling.--

25         (5)  The board shall adopt rules pursuant to ss. 120.54

26  and 120.536(1) to implement and enforce the provisions of this

27  chapter.

28         Section 162.  Section 492.104, Florida Statutes, is

29  amended to read:

30         492.104  Authority to make rules.--The Board of

31  Professional Geologists has authority to adopt rules pursuant

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    hbd-32                                     Bill No. CS/HB 1509

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 1  to ss. 120.54 and 120.536(1) to implement is authorized to

 2  make such rules not inconsistent with law as may be necessary

 3  to carry out the duties and authority conferred upon the board

 4  by ss. 492.101-492.1165. Every licensee shall be governed and

 5  controlled by ss. 492.101-492.1165 and the rules adopted by

 6  the board.  The board is authorized to set, by rule, fees for

 7  application, examination, certificate of authorization, late

 8  renewal, initial licensure, and license renewal.  These fees

 9  should not exceed the cost of implementing the application,

10  examination, initial licensure, and license renewal or other

11  administrative process.

12         (1)  The application fee shall not exceed $150 and

13  shall be nonrefundable.

14         (2)  The examination fee shall not exceed $250 and

15  shall be refundable if the applicant is found to be ineligible

16  to take the licensure examination.

17         (3)  The initial license fee shall not exceed $100.

18         (4)  The biennial renewal fee shall not exceed $150.

19         (5)  The fee for a certificate of authorization shall

20  not exceed $350 and the fee for renewal of the certificate

21  shall not exceed $350.

22         (6)  The fee for reactivation of an inactive license

23  shall not exceed $50.

24         (7)  The fee for a provisional license shall not exceed

25  $400.

26         (8)  The fee for application, examination, and

27  licensure for a license by endorsement shall be as provided in

28  this section for licenses in general.

29         Section 163.  Subsection (2) of section 494.0011,

30  Florida Statutes, is amended to read:

31         494.0011  Powers and duties of the department.--

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    hbd-32                                     Bill No. CS/HB 1509

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 1         (2)  The department has authority to may adopt rules

 2  pursuant to ss. 120.54 and 120.536(1) to implement and perform

 3  other acts necessary for the proper administration,

 4  enforcement, and interpretation of ss. 494.001-494.0077.

 5         Section 164.  Section 496.424, Florida Statutes, is

 6  amended to read:

 7         496.424  Rulemaking authority.--The department has the

 8  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

 9  chapter 120 to implement the provisions of ss. 496.401-496.424

10  or s. 496.426.

11         Section 165.  Subsection (1) of section 497.103,

12  Florida Statutes, is amended to read:

13         497.103  Rulemaking authority of board and

14  department.--

15         (1)  The board has authority to adopt rules pursuant to

16  ss. 120.54 and 120.536(1) to implement provisions of is

17  authorized to adopt rules not inconsistent with law as may be

18  necessary to carry out the duties and authority conferred upon

19  the board by this chapter conferring duties upon it and as may

20  be necessary to protect the health, safety, and welfare of the

21  public.  The department may adopt rules pursuant to ss. 120.54

22  and 120.536(1) to administer provisions of is authorized to

23  adopt rules not inconsistent with law as may be necessary to

24  carry out the duties and authority conferred upon the

25  department by this chapter conferring duties upon it and as

26  may be necessary to protect the health, safety, and welfare of

27  the public.

28         Section 166.  Subsection (5) of section 497.105,

29  Florida Statutes, is amended to read:

30         497.105  Department of Banking and Finance; powers and

31  duties.--The Department of Banking and Finance shall:

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    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         (5)  Adopt all rules pursuant to ss. 120.54 and

 2  120.536(1) necessary to implement the provisions of administer

 3  the department's duties under this chapter conferring duties

 4  upon it.

 5         Section 167.  Subsection (1) of section 498.007,

 6  Florida Statutes, is amended to read:

 7         498.007  General powers and duties.--

 8         (1)  The division has authority to may adopt, amend, or

 9  repeal reasonable rules pursuant to ss. 120.54 and 120.536(1)

10  to administer the as necessary to carry out all provisions of

11  this act, pursuant to the Administrative Procedure Act.

12         Section 168.  Paragraph (a) of subsection (6) of

13  section 500.459, Florida Statutes, is amended to read:

14         500.459  Water vending machines.--

15         (6)  DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT.--

16         (a)  The department has authority to may adopt such

17  additional rules pursuant to ss. 120.54 and 120.536(1) to

18  implement the provisions of not inconsistent with law as may

19  be necessary to carry out the duties and authority conferred

20  on the department by this section conferring duties upon it or

21  as may be necessary to protect the health, safety, and welfare

22  of the public.

23         Section 169.  Subsection (2) of section 501.014,

24  Florida Statutes, is amended to read:

25         501.014  Health studios; powers and duties of the

26  department.--

27         (2)  The department has the authority to adopt rules

28  pursuant to ss. 120.54 and 120.536(1) chapter 120 to implement

29  ss. 501.012-501.019.

30         Section 170.  Subsection (12) of section 501.143,

31  Florida Statutes, is amended to read:

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    hbd-32                                     Bill No. CS/HB 1509

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 1         501.143  Dance Studio Act.--

 2         (12)  RULEMAKING AUTHORITY.--The department has the

 3  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

 4  chapter 120 to implement this section.

 5         Section 171.  Section 501.626, Florida Statutes, is

 6  amended to read:

 7         501.626  Rulemaking power.--The department has the

 8  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

 9  chapter 120 to implement this part.

10         Section 172.  Subsection (7) of section 502.014,

11  Florida Statutes, is amended to read:

12         502.014  Powers and duties.--

13         (7)  The department has authority to may adopt rules

14  pursuant to ss. 120.54 and 120.536(1) to implement and enforce

15  the provisions as necessary for the implementation and

16  enforcement of this chapter. In adopting these rules, the

17  department shall be guided by and may conform to the

18  definitions and standards of the administrative procedures and

19  provisions of the pasteurized milk ordinance. The rules shall

20  include, but are not limited to:

21         (a)  Standards for milk and milk products.

22         (b)  Provisions for the production, transportation,

23  processing, handling, sampling, examination, grading,

24  labeling, and sale of all milk and milk products and imitation

25  and substitute milk and milk products sold for public

26  consumption in this state.

27         (c)  Provisions for the inspection of dairy herds,

28  dairy farms, and milk plants.

29         (d)  Provisions for the issuance and revocation of

30  permits issued by the department pursuant to this chapter.

31         Section 173.  Subsection (1) of section 503.031,

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    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  Florida Statutes, is amended to read:

 2         503.031  Powers of department.--The department may:

 3         (1)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

 4  necessary to implement administer and enforce the provisions

 5  of this chapter.  The rules must, to the extent possible,

 6  conform to applicable federal requirements.

 7         Section 174.  Section 504.32, Florida Statutes, is

 8  amended to read:

 9         504.32  Rulemaking authority.--The department has

10  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

11  is authorized to prescribe and adopt all reasonable rules

12  which are needed to implement, make specific, and interpret

13  the provisions of this part in a manner consistent with rules

14  those of nationally recognized organic grower groups, such as

15  the Organic Food Producers Association of North America, after

16  such notice as may be required by chapter 120.

17         Section 175.  Section 516.22, Florida Statutes, is

18  amended to read:

19         516.22  Rules Regulations; certified copies.--

20         (1)  RULES REGULATIONS.--The department has authority

21  to adopt rules pursuant to ss. 120.54 and 120.536(1) to

22  implement the provisions of law conferring duties upon it

23  shall have the power and authority to issue regulations.

24         (2)  CERTIFIED COPIES OF OFFICIAL DOCUMENTS.--On

25  application of any person and payment of the costs thereof, at

26  the same rate and fees as allowed clerks of the circuit court

27  by statute, the department shall furnish a certified copy of

28  any license, regulation, or order.  In any court or

29  proceeding, such copy shall be prima facie evidence of the

30  fact of the issuance of such license, regulation, or order.

31         Section 176.  Subsection (3) of section 516.23, Florida

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

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 1  Statutes, is amended to read:

 2         516.23  Subpoenas; enforcement actions; rules.--

 3         (3)  The department has authority to may adopt rules

 4  pursuant to ss. 120.54 and 120.536(1) to implement the

 5  provisions and perform such other acts as are necessary for

 6  the proper administration, enforcement, and interpretation of

 7  this chapter.

 8         Section 177.  Subsection (1) of section 517.03, Florida

 9  Statutes, is amended to read:

10         517.03  Power of department to make rules.--

11         (1)  The Department of Banking and Finance shall

12  administer and provide for the enforcement of all the

13  provisions of this chapter.  The department has authority to

14  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

15  the provisions of shall make, adopt, promulgate, amend, and

16  repeal all rules necessary or convenient for the carrying out

17  of the duties, obligations, and powers conferred on said

18  department and perform any other acts necessary or convenient

19  for the proper administration, enforcement, or interpretation

20  of this chapter conferring powers or duties upon it,

21  including, without limitation, adopting rules and forms

22  governing reports.  The department shall also have the

23  nonexclusive power to define by rule any term, whether or not

24  used in this chapter, insofar as the definition is not

25  inconsistent with the provisions of this chapter.

26         Section 178.  Subsection (5) of section 520.994,

27  Florida Statutes, is amended to read:

28         520.994  Powers of department.--

29         (5)  The department shall administer and enforce this

30  chapter. The department has authority to may adopt rules

31  pursuant to ss. 120.54 and 120.536(1) to implement the

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    hbd-32                                     Bill No. CS/HB 1509

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 1  provisions and perform such other acts as are necessary or

 2  convenient for the proper administration, enforcement, and

 3  interpretation of this chapter.

 4         Section 179.  Section 526.09, Florida Statutes, is

 5  amended to read:

 6         526.09  Department to enforce law; rules and

 7  regulations.--The Department of Agriculture and Consumer

 8  Services shall enforce the provisions of this chapter.  The

 9  department has authority to adopt rules pursuant to ss. 120.54

10  and 120.536(1) to implement is authorized to adopt,

11  promulgate, and enforce such rules and regulations not

12  inconsistent with the provisions of this chapter as in its

13  judgment may be necessary to the proper enforcement of this

14  chapter.

15         Section 180.  Subsection (3) of section 531.41, Florida

16  Statutes, is amended to read:

17         531.41  Powers and duties of the department.--The

18  department shall:

19         (3)  Adopt reasonable rules pursuant to ss. 120.54 and

20  120.536(1) to implement, interpret, or make specific the

21  provisions of this chapter, which rules shall have the force

22  and effect of law.

23

24  The provisions of this chapter and rules adopted thereunder

25  notwithstanding, scales routinely used by providers of weight

26  control services shall not be considered commercial weights

27  and measures when used to determine human weight or to compute

28  charges or payments for services rendered by such providers on

29  the basis of said weight, measure, or count.

30         Section 181.  Subsection (2) of section 548.003,

31  Florida Statutes, is amended to read:

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    hbd-32                                     Bill No. CS/HB 1509

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 1         548.003  State Athletic Commission.--

 2         (2)  The State Athletic Commission, as created by

 3  subsection (1), shall administer the provisions of this

 4  chapter. The commission has authority to may adopt rules

 5  pursuant to ss. 120.54 and 120.536(1) to implement the

 6  provisions of this chapter.

 7         Section 182.  Section 553.76, Florida Statutes, is

 8  amended to read:

 9         553.76  General powers of the board.--The board is

10  authorized to:

11         (1)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

12  to implement the provisions Promulgate, in cooperation with

13  the department, rules and regulations for the administration

14  of this part, pursuant to chapter 120.

15         (2)  Issue memoranda Provide rules of procedure for its

16  internal management and control.

17         (3)  Enter into contracts and do such things as may be

18  necessary and incidental to the discharge of its

19  responsibilities under this part.

20         Section 183.  Subsection (3) of section 560.105,

21  Florida Statutes, is amended to read:

22         560.105  Supervisory powers of the department;

23  rulemaking.--Consistent with the purposes of the code, the

24  department shall have:

25         (3)  Power to issue and publish rules, orders, and

26  declaratory statements, disseminate information, and otherwise

27  exercise its discretion to effectuate the purposes, policies,

28  and provisions of the code and to adopt rules pursuant to ss.

29  120.54 and 120.536(1) to interpret and implement the

30  provisions of the code.

31         Section 184.  Subsection (1) of section 561.11, Florida

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  Statutes, is amended to read:

 2         561.11  Power and authority of division.--

 3         (1)  The division has authority to adopt rules pursuant

 4  to ss. 120.54 and 120.536(1) to implement the provisions shall

 5  have full power and authority to make, adopt, amend, or repeal

 6  rules, regulations, or administrative orders to carry out the

 7  purposes of the Beverage Law.  All such rules, regulations, or

 8  orders adopted in accordance with chapter 120 shall have the

 9  full force and effect of law.

10         Section 185.  Subsection (23) of section 570.07,

11  Florida Statutes, is amended to read:

12         570.07  Department of Agriculture and Consumer

13  Services; functions, powers, and duties.--The department shall

14  have and exercise the following functions, powers, and duties:

15         (23)  To adopt rules pursuant to ss. 120.54 and

16  120.536(1) to implement provisions of law conferring duties

17  upon it enact, amend, and repeal administrative rules as

18  necessary.

19         Section 186.  Section 571.05, Florida Statutes, is

20  amended to read:

21         571.05  Rules.--The department by rule may design,

22  determine, and adopt seals of quality for use in publicizing,

23  advertising, and promoting agricultural products; prescribe

24  minimum standards of quality and grade of agricultural

25  products with which a seal of quality may be used; name and

26  define market packages of agricultural products; fix a

27  reasonable and equitable advertising and promotion fee for

28  such market package of agricultural products; and otherwise

29  adopt rules pursuant to ss. 120.54 and 120.536(1) to

30  interpret, implement, and make specific the provisions of this

31  part.

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         Section 187.  Subsection (9) of section 571.24, Florida

 2  Statutes, is amended to read:

 3         571.24  Purpose; duties of the division.--The purpose

 4  of this part is to authorize the division to establish and

 5  coordinate the Florida Agricultural Promotional Campaign.  The

 6  duties of the division shall include, but are not limited to:

 7         (9)  Adopting rules pursuant to ss. 120.54 and

 8  120.536(1) Promulgating rules necessary to implement the

 9  provisions of this part.

10         Section 188.  Section 574.14, Florida Statutes, is

11  amended to read:

12         574.14  Rules.--The Department of Agriculture and

13  Consumer Services may adopt rules pursuant to ss. 120.54 and

14  120.536(1) to implement, make specific, or interpret the

15  provisions of this chapter.

16         Section 189.  Section 578.11, Florida Statutes, is

17  amended to read:

18         578.11  Duties, authority, and rules and regulations of

19  the department.--

20         (1)  The duty of administering this law and enforcing

21  its provisions and requirements shall be vested in the

22  Department of Agriculture and Consumer Services, which is

23  hereby authorized to employ such agents and persons as in its

24  judgment shall be necessary therefor.  It shall be the duty of

25  the department, which may act through its authorized agents,

26  to sample, inspect, make analyses of, and test agricultural,

27  vegetable, flower, or forest tree seed transported, sold,

28  offered or exposed for sale, or distributed within this state

29  for sowing or planting purposes, at such time and place and to

30  such extent as it may deem necessary to determine whether said

31  agricultural, vegetable, flower or forest tree seed are in

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  compliance with the provisions of this law, and to notify

 2  promptly the person who transported, distributed, sold,

 3  offered or exposed the seed for sale, of any violation.

 4         (2)  The department is authorized:

 5         (a)  To enforce this act and prescribe and adopt

 6  reasonable rules, which shall have the full force and effect

 7  of law, for the enforcement of this act, governing the methods

 8  of sampling, inspecting, testing, and examining agricultural,

 9  vegetable, flower, or forest tree seed. The department shall,

10  on a one-time basis after the effective date of this act,

11  notify those previously receiving personal notice of such

12  rules that they will no longer be receiving such notice.

13         (b)  To establish standards and tolerances to be

14  followed in the administration of this law, which shall be in

15  general accord with officially prescribed practices in

16  interstate commerce.

17         (c)  To prescribe uniform labels.

18         (d)  To adopt prohibited and restricted noxious weed

19  seed lists.

20         (e)  To prescribe limitations for each restricted

21  noxious weed to be used in enforcement of this act and to add

22  or subtract therefrom from time to time as the need may arise.

23         (f)  To make commercial tests of seed and to fix and

24  collect charges for such tests.

25         (g)  To list the kinds of flower and forest tree seed

26  subject to this law.

27         (h)  To analyze samples, as requested by a consumer.

28  The department shall establish, by rule, a fee schedule for

29  analyzing samples at the request of a consumer.  The fees

30  shall be sufficient to cover the costs to the department for

31  taking the samples and performing the analysis, not to exceed

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    hbd-32                                     Bill No. CS/HB 1509

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 1  $150 per sample.

 2         (i)  To adopt rules pursuant to ss. 120.54 and

 3  120.536(1) to implement the provisions of prescribe such other

 4  rules as may be necessary to secure the efficient enforcement

 5  of this act.

 6         (3)  For the purpose of carrying out the provisions of

 7  this law, the department, through its authorized agents, is

 8  authorized:

 9         (a)  To enter upon any public or private premises,

10  where agricultural, vegetable, flower, or forest tree seed is

11  sold, offered, exposed, or distributed for sale during regular

12  business hours, in order to have access to seed subject to

13  this law and the rules and regulations hereunder.

14         (b)  To issue and enforce a stop-sale notice or order

15  to the owner or custodian of any lot of agricultural,

16  vegetable, flower, or forest tree seed, which the department

17  finds or has good reason to believe is in violation of any

18  provisions of this law, which shall prohibit further sale,

19  barter, exchange, or distribution of such seed until the

20  department is satisfied that the law has been complied with

21  and has issued a written release or notice to the owner or

22  custodian of such seed.  After a stop-sale notice or order has

23  been issued against or attached to any lot of seed and the

24  owner or custodian of such seed has received confirmation that

25  the seed does not comply with this law, she or he shall have

26  15 days beyond the normal test period within which to comply

27  with the law and obtain a written release of the seed.  The

28  provisions of this paragraph shall not be construed as

29  limiting the right of the department to proceed as authorized

30  by other sections of this law.

31         (c)  To establish and maintain a seed laboratory,

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    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  employ seed analysts and other personnel, and incur such other

 2  expenses as may be necessary to comply with these provisions.

 3         Section 190.  Subsection (2) of section 580.036,

 4  Florida Statutes, is amended to read:

 5         580.036  Powers and duties.--

 6         (2)  The department is authorized to adopt rules

 7  pursuant to ss. 120.54 and 120.536(1) to enforce the

 8  provisions as necessary for the enforcement of this chapter.

 9  These rules shall be consistent with the rules and standards

10  of the United States Food and Drug Administration and the

11  United States Department of Agriculture, when applicable, and

12  shall include:

13         (a)  Establishing definitions and reasonable standards

14  for commercial feed or feedstuff and permissible tolerances

15  for pesticide chemicals, chemical additives, nonnutritive

16  ingredients, or drugs in or on commercial feed or feedstuff in

17  such amounts as will ensure the safety of livestock and

18  poultry and the products thereof used for human consumption.

19         (b)  Adopting standards for the manufacture and

20  distribution of medicated feed.

21         (c)  Establishing definitions and reasonable standards

22  for the certification of laboratories for the conduct of

23  testing and analyses as required in this chapter.

24         (d)  Establishing product labeling requirements for

25  distributors.

26         (e)  Limiting the use of drugs in commercial feed and

27  prescribing feeding directions to be used to ensure safe usage

28  of medicated feed.

29         (f)  Establishing standards for evaluating

30  quality-assurance/quality-control plans, including testing

31  protocols, for exemptions to certified laboratory testing

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 1  requirements.

 2         Section 191.  Section 583.04, Florida Statutes, is

 3  amended to read:

 4         583.04  Promulgation of rules.--The department has

 5  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

 6  to implement may make and promulgate such rules as may be

 7  necessary to carry out the provisions of this chapter.

 8         Section 192.  Subsection (4) of section 585.002,

 9  Florida Statutes, is amended to read:

10         585.002  Department control; continuance of powers,

11  duties, rules, orders, etc.--

12         (4)  The department shall adopt rules pursuant to ss.

13  120.54 and 120.536(1) to implement promulgate rules to carry

14  out the provisions of this chapter.

15         Section 193.  Subsection (2) of section 593.103,

16  Florida Statutes, is amended to read:

17         593.103  Powers and duties of department.--The

18  department has the power and duty to:

19         (2)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

20  to implement the provisions Promulgate rules necessary to the

21  enforcement of ss. 593.101-593.117.

22         Section 194.  Section 616.165, Florida Statutes, is

23  amended to read:

24         616.165  Rules.--The department shall adopt all rules

25  pursuant to ss. 120.54 and 120.536(1) necessary to implement

26  carry out the provisions of this chapter.

27         Section 195.  Paragraph (j) of subsection (1) of

28  section 616.256, Florida Statutes, is amended to read:

29         616.256  Powers of authority.--

30         (1)  The authority shall have power to:

31         (j)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

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    hbd-32                                     Bill No. CS/HB 1509

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 1  to implement provisions of law conferring duties upon it,

 2  pursuant to chapter 120, rules necessary to carry out its

 3  duties and responsibilities.

 4         Section 196.  Subsection (4) of section 617.01301,

 5  Florida Statutes, is amended to read:

 6         617.01301  Powers of Department of State.--

 7         (4)  The Department of State shall have the power and

 8  authority reasonably necessary to enable it to administer this

 9  act efficiently, to perform the duties herein imposed upon it,

10  and to adopt reasonable rules pursuant to ss. 120.54 and

11  120.536(1) to implement the provisions of necessary to carry

12  out its duties and functions under this act conferring duties

13  upon it.

14         Section 197.  Subsection (4) of section 620.1835,

15  Florida Statutes, is amended to read:

16         620.1835  Powers of Department of State;

17  interrogatories.--

18         (4)  The Department of State shall have the power and

19  authority reasonably necessary to enable it to administer this

20  act efficiently, to perform the duties herein imposed upon it,

21  and to adopt rules pursuant to ss. 120.54 and 120.536(1) to

22  implement the provisions of reasonable rules necessary to

23  carry out its duties and functions under this act conferring

24  duties upon it.

25         Section 198.  Subsection (2) of section 620.81055,

26  Florida Statutes, is amended to read:

27         620.81055  Fees for filing documents and issuing

28  certificates; powers of the Department of State.--

29         (2)  The Department of State has the power and

30  authority reasonably necessary to enable it to administer this

31  act efficiently, to perform the duties imposed upon it by this

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 1  act, and to adopt reasonable rules pursuant to ss. 120.54 and

 2  120.536(1) to implement the provisions of necessary to carry

 3  out its duties and functions under this act conferring duties

 4  upon it.

 5         Section 199.  Subsection (1) of section 624.308,

 6  Florida Statutes, is amended to read:

 7         624.308  Rules.--

 8         (1)  The department has authority to may adopt

 9  reasonable rules pursuant to ss. 120.54 and 120.536(1) to

10  implement provisions of law conferring duties upon it

11  necessary to effect any of the statutory duties of the

12  department. Such rules shall not extend, modify, or conflict

13  with any law of this state or the reasonable implications of

14  such laws.

15         Section 200.  Section 624.4431, Florida Statutes, is

16  amended to read:

17         624.4431  Administration; rules.--The administration of

18  ss. 624.436-624.446 is vested in the department. The

19  department has authority to may adopt reasonable rules

20  pursuant to ss. 120.54 and 120.536(1) to implement the

21  provisions of ss. 624.436-624.446.

22         Section 201.  Subsection (1) of section 626.943,

23  Florida Statutes, is amended to read:

24         626.943  Powers and duties of the department.--It is

25  the function of the department to:

26         (1)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

27  to implement the provisions of Promulgate rules necessary to

28  carry out the duties conferred upon it under this part

29  conferring duties upon it to protect the public health,

30  safety, and welfare.

31         Section 202.  Section 627.805, Florida Statutes, is

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    hbd-32                                     Bill No. CS/HB 1509

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 1  amended to read:

 2         627.805  Departmental regulation of variable and

 3  indeterminate value contracts; rules.--The department,

 4  notwithstanding any other provision of law, shall have the

 5  sole authority to regulate the issuance and sale of variable

 6  and indeterminate value contracts and has authority to adopt

 7  rules pursuant to ss. 120.54 and 120.536(1) to implement the

 8  to issue such reasonable rules as may be necessary to carry

 9  out the purposes and provisions of this part.

10         Section 203.  Section 627.9408, Florida Statutes, is

11  amended to read:

12         627.9408  Rules.--The department has authority to may

13  adopt such rules pursuant to ss. 120.54 and 120.536(1) to

14  implement as are necessary and proper in furtherance of the

15  provisions of this part.

16         Section 204.  Section 628.535, Florida Statutes, is

17  amended to read:

18         628.535  Authority to promulgate rules.--The department

19  has authority to adopt rules pursuant to ss. 120.54 and

20  120.536(1) to implement the provisions may promulgate rules to

21  carry out the purposes of this chapter.

22         Section 205.  Section 633.01, Florida Statutes, is

23  amended to read:

24         633.01  State Fire Marshal; powers and duties; rules.--

25         (1)  The head of the Department of Insurance shall be

26  designated as "State Fire Marshal."  The State Fire Marshal

27  has authority to adopt rules pursuant to ss. 120.54 and

28  120.536(1) shall make and promulgate all rules necessary to

29  implement the provisions of this chapter conferring powers or

30  which grant powers and impose duties upon the department on

31  the State Fire Marshal and to effectuate the enforcement of

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    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  such powers and duties.  Rules shall be in substantial

 2  conformity with generally accepted standards of firesafety;

 3  shall take into consideration the direct supervision of

 4  children in nonresidential child care facilities; and shall

 5  balance and temper the need of the State Fire Marshal to

 6  protect all Floridians from fire hazards with the social and

 7  economic inconveniences that may be caused or created by the

 8  rules. However, the department shall not adopt minimum

 9  firesafety standards, except to the extent required by s.

10  394.879.

11         (2)  Subject to the limitations of subsection (1),

12  rules promulgated by the State Fire Marshal shall be such as

13  are reasonably necessary for the protection of the health,

14  welfare, and safety of the public and shall be in substantial

15  conformity with generally accepted standards of firesafety.

16  In the promulgation of rules, the State Fire Marshal shall

17  give consideration to generally accepted standards of

18  firesafety.

19         (2)(3)  Subject to the limitations of subsection (1),

20  it is the intent of the Legislature that the State Fire

21  Marshal shall have the responsibility to minimize the loss of

22  life and property in this state due to fire.  The State Fire

23  Marshal shall enforce all laws and provisions of this chapter,

24  and any rules adopted pursuant thereto, relating to:

25         (a)  The prevention of fire and explosion through the

26  regulation of conditions which could cause fire or explosion,

27  the spread of fire, and panic resulting therefrom;

28         (b)  Installation and maintenance of fire alarm systems

29  and fire protection systems, including fire suppression

30  systems, fire-extinguishing equipment, and fire sprinkler

31  systems;

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    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1         (c)1.  Servicing, repairing, recharging, testing,

 2  marking, inspecting, installing, maintaining, and tagging of

 3  fire extinguishers, preengineered systems, and individually

 4  designed fire protection systems;

 5         2.  The training and licensing of persons engaged in

 6  the business of servicing, repairing, recharging, testing,

 7  marking, inspecting, installing, maintaining, and tagging fire

 8  extinguishers, preengineered systems, and individually

 9  designed fire protection systems;

10         (d)  The maintenance of fire cause and loss records;

11  and

12         (e)  Suppression of arson and the investigation of the

13  cause, origin, and circumstances of fire.

14         (3)(4)  The State Fire Marshal shall establish by rule

15  guidelines and procedures for triennial renewal of firesafety

16  inspector requirements for certification.

17         (4)(5)  It is the intent of the Legislature that the

18  rules promulgated by the State Fire Marshal pursuant to this

19  section be enforced in such a manner as to prohibit the

20  displacement of currently placed mobile homes unless there is

21  a threat of imminent danger to the health, safety, or welfare

22  of the general public. Furthermore, it is the intent of the

23  Legislature that consideration be given to the social and

24  economic inconveniences which may be caused or created by the

25  rules promulgated by the State Fire Marshal pursuant to this

26  section.

27         (6)  It is the intent of the Legislature that the rules

28  adopted by the State Fire Marshal pursuant to this section be

29  promulgated in such a manner as to take into consideration the

30  direct supervision of children in nonresidential child care

31  facilities and to balance and temper the need of the State

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    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  Fire Marshal to protect all citizens from fire hazards with

 2  the social and economic inconveniences which may be caused or

 3  created by the rules promulgated by the State Fire Marshal

 4  pursuant to this section.

 5         Section 206.  Subsection (1) of section 633.517,

 6  Florida Statutes, is amended to read:

 7         633.517  Authority of State Fire Marshal to adopt

 8  rules, administer oaths, and take testimony.--

 9         (1)  The State Fire Marshal is authorized, with the

10  advice of the board, to adopt rules pursuant to ss. 120.54 and

11  120.536(1) and regulations to implement carry out the

12  provisions of this act.

13         Section 207.  Section 634.021, Florida Statutes, is

14  amended to read:

15         634.021  Powers of department; rules.--The department

16  shall administer this act and to that end it has authority to

17  may adopt, promulgate, and enforce rules pursuant to ss.

18  120.54 and 120.536(1) to implement the necessary and proper to

19  effectuate any provisions of this act.

20         Section 208.  Section 634.302, Florida Statutes, is

21  amended to read:

22         634.302  Powers of department; rules.--The department

23  shall administer this part, and, to that end, it has authority

24  to may adopt, promulgate, and enforce rules pursuant to ss.

25  120.54 and 120.536(1) to implement the necessary and proper to

26  effectuate any provisions of this part.

27         Section 209.  Section 634.402, Florida Statutes, is

28  amended to read:

29         634.402  Powers of department; rules.--The department

30  shall administer this part, and to that end it has authority

31  to may adopt and enforce rules pursuant to ss. 120.54 and

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    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  120.536(1) to implement the provisions necessary and proper to

 2  effectuate any provision of this part.

 3         Section 210.  Section 635.081, Florida Statutes, is

 4  amended to read:

 5         635.081  Administration and enforcement.--The

 6  department has authority to adopt rules pursuant to ss. 120.54

 7  and 120.536(1) to implement shall adopt such rules as are

 8  necessary to carry out the provisions of this chapter and

 9  shall have the same powers of administration and enforcement

10  of the provisions of this chapter as it has with respect to

11  casualty or surety insurers in general under the Florida

12  Insurance Code.

13         Section 211.  Section 636.067, Florida Statutes, is

14  amended to read:

15         636.067  Rules.--The department has authority to may,

16  after notice and hearing, adopt rules pursuant to ss. 120.54

17  and 120.536(1) to implement the provisions of administer this

18  act.  A violation of any such rule subjects the violator to

19  the provisions of s. 636.048.

20         Section 212.  Section 641.403, Florida Statutes, is

21  amended to read:

22         641.403  Promulgation of rules.--The Department of

23  Insurance has authority to adopt rules pursuant to ss. 120.54

24  and 120.536(1) to implement shall promulgate rules necessary

25  to carry out the provisions of this part.

26         Section 213.  Section 641.56, Florida Statutes, is

27  amended to read:

28         641.56  Rulemaking authority.--The Agency for Health

29  Care Administration has authority to adopt rules pursuant to

30  ss. 120.54 and 120.536(1) to implement the provisions of is

31  authorized to make rules, not inconsistent with law, which may

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    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  be necessary to carry out the duties and authority conferred

 2  upon it by this part conferring duties upon it and to protect

 3  the health, safety, and welfare of the public.

 4         Section 214.  Paragraph (a) of subsection (1) of

 5  section 648.26, Florida Statutes, is amended to read:

 6         648.26  Department of Insurance; administration.--

 7         (1)  The department shall administer the provisions of

 8  this chapter as provided in this chapter.

 9         (a)  The department has authority to may adopt rules

10  pursuant to ss. 120.54 and 120.536(1) to implement the

11  provisions of necessary and proper to effect any of the duties

12  or powers of the department provided in this chapter

13  conferring powers or duties upon it.

14         Section 215.  Subsection (3) of section 651.015,

15  Florida Statutes, is amended to read:

16         651.015  Administration; forms; fees; rules;

17  fines.--The administration of this chapter is vested in the

18  department, which shall:

19         (3)  Adopt rules pursuant to ss. 120.54 and 120.536(1)

20  to implement the provisions, within the standards of this

21  chapter, necessary to effect the purposes of this chapter.

22  Specific provisions in this chapter relating to any subject

23  shall not preclude the department from adopting rules

24  concerning such subject if such rules are within the standards

25  and purposes of this chapter.

26         Section 216.  Subsection (3) of section 655.012,

27  Florida Statutes, is amended to read:

28         655.012  General supervisory powers of the department;

29  rulemaking.--In addition to other powers conferred by the

30  financial institutions codes, the department shall have:

31         (3)  Power to issue and publish rules, orders, and

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    hbd-32                                     Bill No. CS/HB 1509

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 1  declaratory statements, disseminate information, and otherwise

 2  exercise its discretion to effectuate the purposes, policies,

 3  and provisions of the financial institutions codes and to

 4  adopt rules pursuant to ss. 120.54 and 120.536(1) to interpret

 5  and implement the provisions of such codes consistently with

 6  such purposes, policies, and provisions.

 7         Section 217.  Section 681.118, Florida Statutes, is

 8  amended to read:

 9         681.118  Rulemaking authority.--The Department of Legal

10  Affairs shall adopt rules pursuant to ss. 120.54 and

11  120.536(1) to implement the provisions of this chapter.

12         Section 218.  Section 717.138, Florida Statutes, is

13  amended to read:

14         717.138  Rulemaking authority.--The Department of

15  Banking and Finance shall administer and provide for the

16  enforcement of this chapter.  The department has authority to

17  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

18  the provisions is authorized to make rules and to perform such

19  other acts as are necessary or convenient for the proper

20  administration, enforcement, and interpretation of this

21  chapter.

22         Section 219.  Paragraph (f) of subsection (1) of

23  section 718.501, Florida Statutes, is amended to read:

24         718.501  Powers and duties of Division of Florida Land

25  Sales, Condominiums, and Mobile Homes.--

26         (1)  The Division of Florida Land Sales, Condominiums,

27  and Mobile Homes of the Department of Business and

28  Professional Regulation, referred to as the "division" in this

29  part, in addition to other powers and duties prescribed by

30  chapter 498, has the power to enforce and ensure compliance

31  with the provisions of this chapter and rules promulgated

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    hbd-32                                     Bill No. CS/HB 1509

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 1  pursuant hereto relating to the development, construction,

 2  sale, lease, ownership, operation, and management of

 3  residential condominium units. In performing its duties, the

 4  division has the following powers and duties:

 5         (f)  The division has authority to adopt rules pursuant

 6  to ss. 120.54 and 120.536(1) to implement and enforce the

 7  provisions of is authorized to promulgate rules, pursuant to

 8  chapter 120, necessary to implement, enforce, and interpret

 9  this chapter.

10         Section 220.  Paragraph (f) of subsection (1) of

11  section 719.501, Florida Statutes, is amended to read:

12         719.501  Powers and duties of Division of Florida Land

13  Sales, Condominiums, and Mobile Homes.--

14         (1)  The Division of Florida Land Sales, Condominiums,

15  and Mobile Homes of the Department of Business and

16  Professional Regulation, referred to as the "division" in this

17  part, in addition to other powers and duties prescribed by

18  chapter 498, has the power to enforce and ensure compliance

19  with the provisions of this chapter and rules promulgated

20  pursuant hereto relating to the development, construction,

21  sale, lease, ownership, operation, and management of

22  residential cooperative units. In performing its duties, the

23  division shall have the following powers and duties:

24         (f)  The division has authority to adopt rules pursuant

25  to ss. 120.54 and 120.536(1) to implement and enforce the

26  provisions of is authorized to promulgate rules, pursuant to

27  chapter 120, necessary to implement, enforce, and interpret

28  this chapter.

29         Section 221.  Subsection (6) of section 721.26, Florida

30  Statutes, is amended to read:

31         721.26  Regulation by division.--The division has the

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    hbd-32                                     Bill No. CS/HB 1509

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 1  power to enforce and ensure compliance with the provisions of

 2  this chapter using the powers provided in this chapter, as

 3  well as the powers prescribed in chapters 498, 718, and 719.

 4  In performing its duties, the division shall have the

 5  following powers and duties:

 6         (6)  The division has authority to adopt rules pursuant

 7  to ss. 120.54 and 120.536(1) to implement and enforce the

 8  provisions of is authorized to adopt, amend, or repeal rules

 9  pursuant to chapter 120 as necessary to implement, enforce,

10  and interpret this chapter.

11         Section 222.  Subsection (7) of section 723.006,

12  Florida Statutes, is amended to read:

13         723.006  Powers and duties of division.--In performing

14  its duties, the division has the following powers and duties:

15         (7)  The division has authority to adopt rules pursuant

16  to ss. 120.54 and 120.536(1) to implement and enforce the

17  provisions of is authorized to promulgate rules, pursuant to

18  chapter 120, which are necessary to implement, enforce, and

19  interpret this chapter.

20         Section 223.  Section 916.20, Florida Statutes, is

21  amended to read:

22         916.20  Operation and administration; rules.--

23         (1)  The department is authorized to promulgate rules,

24  enter into contracts, and do such things as may be necessary

25  and incidental to assure compliance with and to carry out the

26  provisions of this chapter in accordance with the stated

27  legislative intent.

28         (2)  The department has authority to adopt rules

29  pursuant to ss. 120.54 and 120.536(1) to implement the

30  provisions of this chapter Rules of the department shall be

31  adopted in accordance with the provisions of chapter 120, the

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    hbd-32                                     Bill No. CS/HB 1509

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 1  Administrative Procedure Act.

 2         Section 224.  Subsection (4) of section 943.03, Florida

 3  Statutes, is amended to read:

 4         943.03  Department of Law Enforcement.--

 5         (4)  Pursuant to chapter 120, The department shall

 6  adopt the rules pursuant to ss. 120.54 and 120.536(1) to

 7  implement the provisions of and regulations deemed necessary

 8  to carry out its duties and responsibilities under this

 9  chapter conferring duties upon it.

10         Section 225.  Subsection (1) of section 944.09, Florida

11  Statutes, is amended to read:

12         944.09  Rules of the department; offenders,

13  probationers, and parolees.--

14         (1)  The department has authority to shall adopt rules

15  pursuant to ss. 120.54 and 120.536(1) to implement its

16  statutory authority. The rules must include rules relating to

17  governing the administration of the correctional system and

18  the operation of the department, which rules shall relate to:

19         (a)  The rights of inmates.

20         (b)  The rules of conduct to be observed by inmates and

21  the categories of violations according to degrees or levels of

22  severity, as well as the degrees of punishment applicable and

23  appropriate to such violations.

24         (c)  Disciplinary procedures and punishment.

25         (d)  Grievance procedures which shall conform to 42

26  U.S.C. s. 1997e.

27         (e)  The operation and management of the correctional

28  institution or facility and its personnel and functions.

29         (f)  The development of a staffing formula for security

30  positions in its residential facilities, taking into account

31  the factors of leave time, security needs, and training

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    hbd-32                                     Bill No. CS/HB 1509

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 1  requirements.

 2         (g)  Mail to and from the state correctional system.

 3         (h)  Gain-time for good conduct of, release payments

 4  to, and release transportation of inmates.

 5         (i)  Uniforms for inmates and custodial personnel.

 6         (j)  Rules of Conduct of custodial and other personnel.

 7         (k)  Classification of personnel and duties assigned

 8  thereto and classification and separation of offenders

 9  according to age, sex, and such other factors as are deemed

10  advisable.

11         (l)  Credits for confinement prior to commitment to the

12  department.

13         (m)  Payments to prisoners for work performed.  Such

14  payments, if any, shall include restrictions on the use of

15  earnings, including payments for support of dependents and

16  release reserves.  The rules shall provide that no payment

17  shall be made to any prisoner who fails to perform the work

18  assigned satisfactorily.

19         (n)  Visiting hours and privileges.  The rules shall

20  provide that any inmate with a current or prior conviction for

21  any offense contained in chapter 794, chapter 800, chapter

22  827, or chapter 847 for committing or attempting to commit

23  aggravated child abuse or committing or attempting to commit a

24  sex act on, in the presence of, or against a child under the

25  age of 16 years, shall not be allowed visitation with anyone

26  under the age of 18 years, unless special visitation is

27  approved by the superintendent.  The authorization for special

28  visitation shall be based on extenuating circumstances that

29  serve the interest of the children.  If visiting is restricted

30  by court order, permission for special visitation may be

31  granted only by the judge issuing the order.

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

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 1         (o)  Mail to and from inmates, including rules

 2  specifying the circumstances under which an inmate must pay

 3  for the cost of postage for mail that the inmate sends.  The

 4  department may not adopt a rule that requires an inmate to pay

 5  any postage costs that the state is constitutionally required

 6  to pay.

 7         (p)  The feeding of prisoners, including diet and

 8  menus, and the furnishing of health and comfort items to

 9  indigent prisoners.

10         (q)  The determination of restitution, including the

11  amount and to whom it should be paid.  The rules shall provide

12  necessary explanation to support recommendations regarding

13  restitution.

14         (r)  Such other rules as in the opinion of the

15  department may be necessary for the efficient operation and

16  management of the correctional system.

17         Section 226.  Section 947.07, Florida Statutes, is

18  amended to read:

19         947.07  Rules and regulations.--The commission has

20  authority to adopt rules pursuant to ss. 120.54 and 120.536(1)

21  shall have power to make such rules and regulations as it

22  deems best for its governance, including among other things

23  rules of practice and procedure and rules prescribing

24  qualifications to be possessed by its employees.

25         Section 227.  Paragraph (b) of subsection (1) of

26  section 960.045, Florida Statutes, is amended to read:

27         960.045  Department of Legal Affairs; powers and

28  duties.--It shall be the duty of the department to assist

29  persons who are victims of crime.

30         (1)  The department shall:

31         (b)  Adopt, promulgate, amend, and rescind such rules

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    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  pursuant to ss. 120.54 and 120.536(1) to implement as are

 2  necessary to carry out the provisions of this chapter.

 3         Section 228.  Section 985.405, Florida Statutes, is

 4  amended to read:

 5         985.405  Rules for implementation.--The Department of

 6  Juvenile Justice shall adopt rules pursuant to ss. 120.54 and

 7  120.536(1) to implement the provisions of for the efficient

 8  and effective management of all programs, services,

 9  facilities, and functions necessary for implementing this

10  chapter. Such rules may not conflict with the Florida Rules of

11  Juvenile Procedure. All rules and policies must conform to

12  accepted standards of care and treatment.

13         Section 229.  Subsection (1) of section 633.70, Florida

14  Statutes, is amended to read:

15         633.70  Jurisdiction of State Fire Marshal over alarm

16  system contractors and certified unlimited electrical

17  contractors.--

18         (1)  When the State Fire Marshal, in the course of its

19  activities pursuant to s. 633.01(2) s. 633.01(3), determines

20  that an alarm system contractor or a certified unlimited

21  electrical contractor working with an alarm system has

22  violated any provision of this chapter or the rules of the

23  State Fire Marshal, the State Fire Marshal shall have

24  jurisdiction, notwithstanding any other provision of this

25  chapter, to order corrective action by the alarm system

26  contractor or the certified unlimited electrical contractor to

27  bring the alarm system into compliance with applicable

28  standards set forth in this chapter and the rules of the State

29  Fire Marshal.

30         Section 230.  This act shall take effect July 1 of the

31  year in which enacted.

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                                                   HOUSE AMENDMENT

    hbd-32                                     Bill No. CS/HB 1509

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 20,

 4

 5  insert after the semicolon:

 6         amending ss. 14.202, 17.29, 18.22, 20.171,

 7         63.233, 175.341, 177.504, 185.23, 198.08,

 8         199.202, 201.11, 207.011, 210.10, 210.75,

 9         212.17, 212.18, 213.06, 215.62, 215.95, 217.14,

10         220.182, 220.183, 229.053, 229.515, 230.22,

11         230.32, 231.261, 235.01, 240.209, 240.227,

12         240.311, 240.319, 242.331, 246.041, 246.051,

13         246.071, 246.207, 246.213, 253.03, 253.73,

14         257.14, 258.007, 258.43, 259.035, 259.041,

15         265.284, 265.605, 267.031, 280.19, 284.17,

16         288.709, 292.05, 310.151, 310.185, 319.17,

17         320.011, 320.69, 320.824, 324.042, 326.003,

18         327.04, 330.29, 334.044, 339.175, 350.127,

19         366.05, 367.121, 368.05, 369.20, 369.22,

20         369.251, 370.021, 370.092, 370.15, 373.043,

21         373.044, 373.113, 373.171, 373.337, 373.418,

22         376.07, 377.22, 377.703, 378.205, 378.404,

23         380.05, 380.0651, 381.0011, 384.33, 391.026,

24         392.66, 394.879, 395.1055, 403.061, 403.1835,

25         403.504, 403.523, 403.704, 403.716, 403.805,

26         403.861, 403.869, 403.9404, 406.04, 408.15,

27         414.45, 427.013, 430.08, 440.591, 443.171,

28         455.203, 455.521, 457.104, 458.309, 459.005,

29         460.405, 461.005, 463.005, 464.006, 465.005,

30         465.022, 466.004, 466.038, 467.005, 468.1135,

31         468.1685, 468.204, 468.384, 468.402, 468.507,

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 1         468.522, 468.606, 468.705, 468.802, 470.005,

 2         471.008, 472.008, 473.304, 474.206, 475.05,

 3         475.614, 476.064, 477.016, 478.43, 480.035,

 4         481.2055, 481.306, 482.051, 483.805, 484.005,

 5         484.044, 486.025, 488.02, 489.108, 489.507,

 6         490.004, 491.004, 492.104, 494.0011, 496.424,

 7         497.103, 497.105, 498.007, 500.459, 501.014,

 8         501.143, 501.626, 502.014, 503.031, 504.32,

 9         516.22, 516.23, 517.03, 520.994, 526.09,

10         531.41, 548.003, 553.76, 560.105, 561.11,

11         570.07, 571.05, 571.24, 574.14, 578.11,

12         580.036, 583.04, 585.002, 593.103, 616.165,

13         616.256, 617.01301, 620.1835, 620.81055,

14         624.308, 624.4431, 626.943, 627.805, 627.9408,

15         628.535, 633.01, 633.517, 634.021, 634.302,

16         634.402, 635.081, 636.067, 641.403, 641.56,

17         648.26, 651.015, 655.012, 681.118, 717.138,

18         718.501, 719.501, 721.26, 723.006, 916.20,

19         943.03, 944.09, 947.07, 960.045, 985.405, F.S.;

20         restating rulemaking authority for numerous

21         state officers, departments, divisions, boards,

22         and other entities; repealing s. 258.011, F.S.,

23         relating to rules for state parks; amending s.

24         633.70, F.S.; conforming a cross-reference to a

25         change made by the act;

26

27

28

29

30

31

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